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How does divorce mediation compare to litigation?

| Apr 23, 2020 | Divorce Mediation |

Many individuals here in Florida enter into their marriages on the assumption that they’re always going to be head over heels in love with their partner. They don’t realize just how much work a person has to put into making their relationship work. This is why spouses who aren’t committed to the marriage often end up divorcing. Divorce battles don’t have to become adversarial and become court-involved. Couples who pursue mediation can generally reach more mutually beneficial decisions than those who pursue time-consuming litigation.

When you go to court, you take the results out of your hands. Thus, you leave your fate and your future up to a stranger, in the form of a judge. Judges often urge parties to try to come up with their own mutually acceptable resolution, but if they can’t, then Fort Myers judges often decide what they feel is best for them. A divorcing couples’ lack of satisfaction in the choices that the court makes often leads them to seek modifications in their cases.

There are limitations to what courts can do. They are only allowed to consider legally relevant issues. This means that a judge may not be able to reflect upon certain concerns that you bring up to them in reaching a decision. That being said, judges are humans. They may have their own opinions, beliefs, views, and life experiences that may shape their decisions. They may not align with your own. This can result in the court making a decision that’s not particularly comfortable for you.

Divorce cases that are litigated can be quite expensive. On average each person can end up paying between $15,000 to $20,000. Mediation is a far less expensive alternative. If you litigate your divorce case, then the court makes the schedule, not you. It can take months, if not years to resolve your case in front of a Florida judge.

If there’s one thing that you should keep in mind, it’s that divorce isn’t about winners and losers. It’s about two people who were once committed to each other, even though they now find themselves wanting to part ways. This requires working together, not fighting it out. An attorney experienced with divorce mediation may be able to help you avoid the time, expense, pain, and aggravation of going to court.

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