If you’ve seen Marriage Story on Netflix and the heated legal battles the main characters get into, you may be terrified about going through a similar divorce. Even if you haven’t watched the movie, you’ve probably heard horror stories of contentious courtroom fights between spouses. What if there was a way to avoid this?
Understandably, many divorcing spouses want to avoid going to court and avoid leaving important family decisions in the hands of an unknown judge. If you are thinking of ending your marriage, you should know that you do not have to go through litigation. The reality is that most divorces settle outside of the courtroom leaving behind the stressful legal battles. You might be wondering how this is possible.
At FairWell Family Law Mediation, we believe there is a better path to divorce. One that leaves out the timely, drawn-out litigation and costly disputes. Consider one of these alternatives that focus on fairness and serving you well.
Deciding to end a marriage places families in a vulnerable position. On top of that, parties will have to decide on significant aspects of their life regarding the division of marital assets and debts, spousal maintenance (alimony), child custody, and child support. To help settle any disputes regarding the divorce settlement, some spouses will turn to mediation.
This process involves a neutral third party (the mediator) who will meet with the spouses to help resolve their issues. Mediation comes with numerous benefits, including the following:
- It is less expensive than a litigated divorce
- Most mediation sessions end in a satisfactory settlement
- Mediation is confidential unlike a courtroom hearing
- Mediation can promote healthy communication between parties, helping avoid potential conflict in the future
- The process puts you and your spouse in control, not the court
Once an agreement is reached, it will be put into writing, and the mediator may prepare a memorandum outlining your settlement. It can then be used as the foundation for a formal agreement that must be filed with the court.
Think of collaborative divorce as a hybrid of “traditional” divorce and mediation. It’s similar in the sense that the spouses are looking to avoid a courtroom battle. This is a less adversarial approach where both parties and their respective lawyers come together to discuss goals, areas of disagreement, and opportunities for compromise. The process typically involves outside counsel from parenting specialists, financial experts, and divorce lawyers to help parties settle their case without litigation.
A major disadvantage is when the process does not work. Most collaborative divorce contracts require that you and your spouse hire new attorneys if negotiations fail, meaning you would have to start the divorce process from the very beginning.
As people navigate the complicated divorce process, it’s no surprise that conflict and disagreements arise. Some even become laser-focused on “winning” their case. With this approach, parties lose thousands of dollars in attorney’s fees and court costs. Courtroom battles also make it difficult to maintain an amicable relationship after the divorce is finalized.
Our team at FairWell Family Law Mediation believes in the power of mediation and has created a new mediation process, unlike anything else out there, to help our clients find equitable legal solutions. Our FairWell Guides will work with you to design a plan that works for both parties and facilitate a favorable settlement. Once there’s an agreement, our automated system will process all the necessary documents and electronically file it with the court, saving you money and time.
From the initial consultation to signing the court documents, our attorney-mediators will be there to guide you. You’ll receive all the benefits of traditional mediation and more.
FairWell, The Path to a Better Divorce
Many clients come through our door, believing there’s only one path to divorce: litigation. As you can see, multiple roads lead to divorce, and not all are adversarial. We at FairWell Family Law Mediation are committed to finding you a solution that focuses on your best interests. Say FairWell to long, drawn-out litigation. Say FairWell to costly disputes. Say hello to a process focused on fairness and serving you well.