Divorce Mediation vs Divorce Lawyer: Which is Right for You?
When a marriage ends, many people think that hiring a divorce lawyer is the only way to go. While it’s true that hiring a lawyer is a common practice, there is another way. The state of Arizona allows couples to use mediators to help them through the often painful process of divorce. When considering whether to mediate or litigate, it is important to consider which process is going to work best for your situation.
What is Divorce Mediation?
Divorce mediation is a process through which an impartial third-party helps both sides of the divorce to work together towards a settlement that both can live with. The mediators often handle the filing of court documents and, frequently, there is no divorce lawyer needed in the process. Mediation techniques can vary, but the process usually works along the following steps:
1. Consultation
In this step both parties meet with a mediator to have their questions answered about the process and to work out such details as how long it might take and what costs to expect.
2. Starting
At this point both parties agree to a set of Rules and Procedures that are meant to help the process along. These generally include a full-disclosure agreement of any pertinent documents and information, an agreement between parties to treat each other with respect and strive for equitable resolutions and a promise to keep the best interests of any minor children in mind.
3. Getting Up-To-Speed
The mediator talks to the parties to learn about them and find out what matters to them.
4. Finishing
This is the hard part. Both side work together with the mediator, to, among other things, divide up assets and debts, and determine any child and spousal support amounts.
5. Settlement Agreement
A formal, legally-binding agreement is drawn up based on step 4 for review. This document is submitted to the Court along with any other needed documents to finalize your divorce.
When to Hire A Divorce lawyer
Mediation is a viable option when both parties can work together, but there are times when lawyers need to be involved. Some divorce situations that might require you to hire an attorney include,
- If there is abuse involved, of any kind.
- If a spouse is dishonest or vindictive and not willing to participate in mediation.
- If one spouse has hired an attorney for litigation, it can make sense for the second spouse to follow suit.
Which Way Is Right for You?
There is no right or wrong way to go through the divorce process. Every divorce is different, and whether you decide to use mediation or litigation is a decision that only you can make.