Divorce mediation in Orange County poses a number of advantages to litigation, though it’s not an optimal solution for all couples. Ex-spouses should take a number of considerations into account before deciding whether to mediate or litigate, such as their desired timetable, whether couples can effectively collaborate, and if divorce mediation is even necessary.
Pros of Divorce Mediation in Orange County
There are three core pros to opting for divorce mediation in Orange County, rather than litigation: it’s voluntary, less time-consuming, and is more comfortable due to its informal nature.
Since mediation is a voluntary process, nothing is forcing you to settle on an agreement that makes you uncomfortable. As opposed to litigation, where a judge decides the terms of your settlement, divorce mediation allows you and your spouse to collaborate on crucial compromises and decisions.
Mediation also tends to take less time to reach a settlement as opposed to taking matters to court. From preparing for mediation to scheduling a session with a Mission Viejo divorce attorney, the mediation process nixes the need to wait for a court appearance months down the line.
Due to its informal nature, divorce mediation is much more comfortable to proceed through as opposed to the litigation process. Your mediator won’t pressure you to settle the same way a judge would, allowing you to make crucial decisions at your own pace. Furthermore, the informal setting of divorce mediation means you and your spouse can collaborate on decisions pertaining to spousal support, parenting plans, and child support, rather than figuring things out through the court system or your attorney’s correspondence.
Cons of Divorce Mediation in Orange County
Mediation isn’t a blanket solution, and isn’t the best option for some couples. Consider these cons before contacting a Mission Viejo divorce attorney:
Mediation Isn’t For Everyone
Maybe your spouse is hostile, vindictive, controlling, or simply unwilling to compromise on important issues concerning your marriage. If your partner fits this description, divorce mediation may not be in your best interests. Mediation is supposed to be a collaborative process, though if your spouse is pressuring you to compromise, contacting a Mission Viejo divorce lawyer will help to determine whether mediation is really the best course of action.
Mediation Doesn’t Offer Legal Advice
Mediators are neutral third parties who oversee the mediation process, though they don’t offer legal advice in any way – and without a vetted legal counsel to accompany you, decisions about you and your family’s future could be misinformed. Although your attorney isn’t required to attend meditation sessions, it’s suggested that you enter divorce mediation with a professional by your side.
It May Not Be Necessary
Oftentimes, mediation isn’t a necessary route to take. If you and your spouse are already comfortable collaborating on your family’s future, divorce mediation is probably unnecessary. Collaborative ex-spouses can instead save valuable time and money by having their attorneys draft settlement terms with the correct legal language.
If It Fails, Court Is Required
The last potential downside to divorce mediation in Orange County is that, if mediation doesn’t pan out, your divorce could take much longer to finalize – leading to additional expenses. However, a mediation attempt that fails to reach a settlement isn’t completely useless; it can still offer a forecast for what’s to come and give your divorce attorney time to gather information prior to court dates.
Mediate Your Divorce with a Mission Viejo Divorce Attorney
Divorce is an emotional journey to endure. On top of the bitterness and anger which often result from a formal separation, the subsequent legal battles tend to make the whole process even more painful. At the Law Offices of Jennifer Owens, we revel in the power of choice. When spouses face divorce, they’re presented with a slew of decisions with a handful of potential outcomes. Our attorneys are believers in the best possible outcome, where a former couple chooses peace over destruction, so that they can finally move onto their next chapter. We can help with that. No matter your desired path – mediation, a negotiated settlement, or even litigation – The Law Offices of Jennifer Owens will achieve the best possible outcome by reaching a settlement that keeps all involved parties in mind. Visit our website to review our family law services or contact us online for a free consultation.