Considering filing for divorce and struggling with the amount of decision-making along with your spouse to cone to an agreement on dividing assets, child custody and many other things. We at G.S. Bagga & Associates prepare a divorce agreement that is beneficial and hostile for our clients. Our lawyers at G.S. Bagga & Associates have listed down how divorce mediation differs from divorce litigation, so that our clients can make an informed decision about what’s best for them and their family.
WHAT IS DIVORCE MEDIATION?
Divorce mediation is a method of deciding on divorce terms without court intervention. A mediator is assigned to the couple to discuss financial and family matters in a safe, private environment. Herein, the couples decide and put forward options to be on the same page with their marriage ending and cooperate for a common outcome.
WHAT IS DIVORCE LITIGATION?
Divorce litigation is a method of deciding on divorce terms with court intervention in an amicable manner. It is a contested divorce where until and unless a settlement is reached before the trial date. One of the spouses will file a divorce complaint, asking the court to intervene and adjudicate the terms to end the marriage. The judge than makes the final decision on matters like division of assets, child custody and support, alimony, and a number of other concerns.
DIVORCE MEDIATION VS. LITIGATION: WHICH IS BEST FOR US?
- COST EFFECTIVE – Divorce litigation fees are usually expensive as it depends on the complexity and conflict level of the case on the other hand, Divorce mediation saves a lots of money.
- DECISION MAKING POWER – In divorce litigation the power of making decision is made by the judge’s and the divorce decision can be uncertain on the other hand in mediation the decision-making is in the couple’s hands were a third-party mediator helps in taking the decision in an unbiased manner.
- TIMELINE – In divorce litigation, the timeline is not under the control of the couples as the divorce will end upon the trial date set by the court as litigated divorce can take up to a year or more, depending on the availability of each spouse and the court itself to schedule proceedings on the other hand divorce mediation, the timeline depends on the complexity of the case and cooperation of the couple in deciding what is fair and reasonable.
- EMOTIONAL IMPACT – In divorce litigation the process is extreme, adversarial and time taking it has a strong emotional impacts on couples and their families. In divorce mediation it allows to make decisions in a less formal environment, and it helps to the control back the emotions.
- CHILD CUSTODY AND SUPPORT – In divorce litigation, judge makes the final decision about many concerns, including your children’s custody. As the judge is most likely be a stranger to the couple and their families children’s protection and wellbeing mediation is a better option as the couple has the chance to do what’s best for their child.
- PRIVACY – In divorce petition, personal details are available via public record. Mediation is always private and confidential.
- DISCOVERY – In divorce litigation discovery are made formally by family law where the couples assets, debt, etc are placed before. In mediation the discovery is not formal which saves time and unnecessary stress.
- FINAL AGREEMENT – Both litigation and mediation terminates a marriage and requires a judge to finalize the divorce.
HOW LAWYERS AT THE LAW OFFICE OF G.S. BAGGA AND ASSOCIATES HELP YOU?
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities on that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the important essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our client’s case to resolve disputes regarding maintenance, child custody, etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
We are always happy and ready to assist you in your hard time.
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- Who should consider divorce mediation?
Answer: When a couple is estranged and prefers to communicate with each other with a divorce agreement instead of going to the court. This way the couple can avoid spending large sums of money on lawyer fees, and more.
- What is the better choice mediate or litigate?
Answer: In high conflict cases, litigation is the only option and filing a complaint for a contested divorce with the court if –
- Your spouse is an unfit parent.
- Your spouse is violent or abusive.
- Your spouse has kept hidden assets.
- Your spouse has pressured you to agree with unfair divorce terms.