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Should you mediate instead of litigate your divorce?

The end of a marriage is a complicated time, financially and emotionally. No matter how amicable two parties may be, divorce is hard, which is why many California couples choose to alleviate as much difficulty as possible from this process. One of the most common ways to navigate this transition is by choosing to mediate the divorce instead of opting for litigation.

Mediation allows for a non-adversarial process by which to reach a final divorce order, all without stepping inside a courtroom. This can save time, money and unnecessary stress from an already difficult time.

Deciding if this is the right option for you

How can you know if mediation is the right choice for you? Mediation does not necessarily require that you get along with your soon-to-be ex-spouse, but it does require a willingness to cooperate and reasonably discuss important issues.

In mediation, there is no right to discovery. This means that both parties must willingly and voluntarily disclose all financial documentation, assets and other important information. This is not the right choice for your situation if you suspect your spouse may try to hide assets or otherwise be reticent about financial or personal issues.

The benefits to keeping your divorce out of court

Mediation allows for a couple to maintain control over the divorce order, enabling them to design a post-divorce future not crafted by a judge who does not know or understand their family. Some other benefits to this choice include:

  • Open communication regarding important issues
  • Allows for a custom-tailored visitation or custody plan
  • Saves time, money and stress
  • Allows for creative means to solve unique issues
  • Preserves relationships needed for successful co-parenting

Mediation is voluntary, and before you agree to this route, you will find it beneficial to fully explore all options that are available to you.

Protecting your right to a strong post-divorce future

There are many benefits to meditation, but upholding your personal rights is a key component to safeguarding a strong future, whether you decide to litigate or not. When you work closely with an experienced family law attorney, one who will advocate for your interests above all else, you will be better equipped to make decisions that not only help you resolve your divorce efficiently but provide you the ability to move on with stability and security.