The Pros and Cons of Hiring a Divorce Mediation Attorney

The Pros and Cons of Hiring a Divorce Mediation Attorney

June 1, 2023

By FairWell Family Law Mediation

Are you wondering if you need a lawyer for your divorce case? Click here for the pros and cons of hiring a divorce mediation attorney to help you decide.

There were almost 690,000 divorces finalized across the country in 2020 alone. While everyone wants their marriages to last, sometimes it’s not possible, and separation is the right choice.

The process of ending your partnership is already hard without factoring in any of the legal procedures. Many people going through this choose to work with a divorce mediation attorney rather than a traditional court practice. This means they can skip the formal hearings and go right to the finalized agreements.

But many who are just starting out on this journey aren’t sure what’s the right path for them. And we can help! This guide outlines all the pros and cons of divorce mediation to help you make the best choice!

Pro: Delegate Divorce Responsibilities

Filing for divorce sounds like it should be easy. You just dissolve the partnership between you and your spouse and move on. But, in reality, there are a lot of tasks that need to be done for full resolution.  Everything from packing up your life to filing official paperwork.

All of these responsibilities can become very overwhelming to manage on your own.

When you choose to work with a divorce mediation lawyer, a lot of that burden can be shared. Instead of having to handle all of the details by yourself, you’ll have someone to delegate to. Then, you’ll be free to focus on those tasks that only you can manage.

Con: Possibly Extend the Finalization Timeline

For many couples, the decision to file for divorce has been looming for too long. Once that decision has been made, most people want to move on as fast as possible.

No one wants to endure the long, drawn-out process of coming to a divorce settlement. Occasionally, divorce mediation can extend the finalization timeline. This mainly happens when one party isn’t willing to take part in the mediation process. When that happens, a more traditional route will eventually have to be taken for a fair divorce.

Luckily, for most couples, this isn’t the case. For those who come to mediation willing to work, divorces finalize much quicker than with litigation.

Pro: Guaranteed Equitable Asset Division

Hiring a lawyer is one of the best ways to ensure there is equitable asset division. This is especially important in a state that doesn’t follow the 50/50 asset-splitting rule. It can be more nuanced and difficult to find an agreement that is fair but doesn’t necessarily have to be equal.

In these cases, not all assets have the same weight or importance. A mediation lawyer can help both parties divide up their assets in a way that makes sense for everyone.

The final paperwork won’t be signed or filed until the lawyer can guarantee the right settlement has been reached.

Con: More Compromise Encouraged

In order for this kind of fair divorce settlement to be reached through a mediator, both sides will undoubtedly have to compromise.

For some people going through a divorce, that’s the last thing they want to do. So working with a mediation divorce attorney would be much more frustrating. It’s important that everyone is willing to give a little to get the best outcome. Instead of focusing on each tiny detail, seeing the big picture can be helpful.

The more amicable each party can be, the quicker everyone can step into the next phase of life.

Pro: Access to Expert Knowledge

There are so many intricacies in divorce law. Unless you have the proper education, there really is no way to know everything you may need for a court proceeding. Working with a divorce mediation attorney means you don’t have to worry about any of that.

You can rest easy knowing that everything is being handled properly for finalization.

It’s also very helpful to have someone who has seen so many divorces walk you through the process. The experience of their former clients can help spark creative solutions in your asset division. The more insight into the process, the better.

Con: Not Always a Cure-All Solution

Unfortunately, some divorces won’t go as smoothly as we’d like. It’s not an enjoyable process for anyone. But sometimes, those going through it can get their hopes set on an easy, quick solution. Mediation is often looked at as a way to solve all of your issues no matter what.

While it is a great option for many couples, it shouldn’t be looked at as a cure-all solution. Each party will still need to put in the effort and deal with the difficulties that come with every divorce.

But having the right team on your side can make it easier, even if there is still hard work involved.

Pro: Keeps Emotions Steady

One of the biggest issues with every divorce is the heightened emotions that come with it. Feeling all of those emotions is an important step of healing that everyone should take. But they can also become unmanageable if you’re not careful.

Utilizing a divorce mediation attorney can help keep all of the emotions steady. Instead of having intense, heated arguments, you can have calm, civilized discussions. They can help ensure everyone feels heard and understood through every step of the division process.

Avoiding these contentious situations can help you feel ready to move on without any additional trauma from the situation.

Choosing to Hire a Divorce Mediation Attorney

Deciding to get a divorce is a difficult conclusion to come to. We take so much thought and consideration into making sure you’re doing the right thing for yourself and your family. The last thing you want is to have to exert even more effort trying to figure out how to get started.

Working with a divorce mediation attorney can make the entire process much easier. Instead of being overwhelmed, you can rely on an expert who has your best interest in mind.

Our team of mediators has helped couples define their divorce agreements and avoid court. If you’re interested in learning more about how we can help you, contact us today!


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