Getting a divorce can be a painful, emotionally agonizing, and time consuming experience, even in situations where both spouses know it is the right thing to do.
In addition to family-related stress, the process can also raise a number of legal issues, including how assets will be divided and whether one spouse will help financially support the other after the split. For divorcing parents, questions about how the kids will be cared for, where they will live and how they will be raised can turn into intense court battles.
The good news, however, is that these issues can often be resolved without a bare-knuckle, winner-take-all courtroom brawl. As divorce lawyers, we have helped many of our clients efficiently end their marriages and effectively iron out the related legal issues through mediation and other alternatives to litigation.
Although not always possible, we strongly encourage anyone considering a divorce or grappling with related legal issues to explore mediation. An experienced divorce attorney can help you understand how the process works and ensure that your rights and interests are protected.
How Mediation Works
Only about 5 percent of family law cases actually go to trial. The rest are resolved through negotiated settlement between the parties.
Mediation is a valuable tool for reaching an agreement in these cases. A court-appointed mediator will meet with both spouses and their attorneys in an interactive process that is designed to find common ground. At the end of this process, the mediator will suggest a settlement that the spouses and their lawyers can discuss, debate, revise and ultimately accept or reject.
There are a number of benefits of mediation:
- Faster: Mediation can last as little as a few hours to a couple of days.
- Less expensive: The spouses usually split the mediation fee, but quick resolution of the case saves on legal fees, time and other expenses.
- Informal: The mediation session or sessions usually take place in an office and there are none of the same formal procedures that come with court litigation.
- Convenient: Mediation sessions can be scheduled to fit your calendar.
Mediation is not binding until both spouses sign an agreement. You can accept or reject the deal suggested by the mediator or you can try to fine tune it.
It is important to understand, however, that there is no turning back after you have signed an agreement. Buyer’s remorse will not get you very far when it comes to trying to undo a deal once you have a signed and binding agreement.
That is one of many reasons why it is vital to have an experienced family law attorney by your side throughout the process. A family lawyer can advocate on your behalf throughout mediation, help you weigh a proposed settlement, and negotiate changes to the terms of the agreement.
Take it from us as experienced family lawyers: You do not want to go it alone when it comes to getting a divorce, fighting for child custody or resolving a wide range of related issues. Seek the help you need to ensure you fully understand your rights and options.
About The Author:
Grand Rapids divorce lawyer Hillary E. Krill strives to thoroughly understand and address each of her clients’ concerns. She specializes in high asset and flat-fee divorce cases, as well as in alimony disputes.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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