Filing for divorce is a complicated process that brings many emotions to the table. Once you’ve decided that your marriage is beyond repair, then it’s time to determine how to proceed. The court plays a significant role in the process, but you must decide whether to use a lawyer or mediation services. Some cases are easy, and they don’t require anything but a piece of paper since the couple agrees. However, some couples may need a referee or the use of legal counsel.
What is Mediation?
Mediation services are for people who want to dissolve the marriage. If there are no issues of child custody, assets, or other outstanding matters, then mediation is a great tool. The purpose of this service is to help ease the tension between the couple and provide some therapeutic benefits too.
Many mediators are attorneys, and some have counseling backgrounds. They can’t assist with filing the paperwork, but they don’t draft any legal documents on your behalf. Their goal is not to handle disputes but instead, find an amicable resolution to the matters at hand.
Both parties always share mediation fees, and the process is not known as time-consuming. A mediator will need to have several sessions to ensure that both parties are satisfied with the outcome. They can meet with each client separately or jointly.
For the process to be successful, both parties must be willing participants. It doesn’t work if only one party is working. The only problem is that many challenges arise along the way, especially when dealing with finances and child custody. A mediator can only do so much, and they cannot represent you in court.
Why You Need A Lawyer?
A lawyer is a representative of the court that is hired to protect your best interests. They can file motions, counterclaims, and keep the other party in check through the legal system. They take the burden off you and use the law to get resolve. It’s always wise to have someone looking out for you and making sure that you get a fair and equitable split of the marital assets and such.
Many people feel that if they agree, there is no need for the cost of an attorney. However, it’s worthwhile to have an advocate that is representing you in every situation. There are some cases where no children are involved, and the couple has no assets. In these instances, there is little need for legal counsel. Consequently, most cases do require an attorney helping to facilitate the matter.
Since things can and will get nasty between many couples when you start talking about money and responsibility, it’s always best to have that legal advocate that can take the stress of the situation from your shoulders and handle the matter.
