Both experts and couples agree that divorce is one of the most stressful experiences one can go through. In fact, the scale of stress you can experience from a divorce is ranked just below losing a loved one.
Different aspects of your life can change during a divorce, and several factors will affect how your divorce proceedings play out. Hence, it is crucial to understand the difference between a divorce attorney and mediator and know which one to hire for your divorce.
The Difference Between Divorce and Mediation
Divorce and mediation are two closely related terms since they serve the same purpose– to help troubled couples resolve their disputes and end their marriage peacefully.
But what is the difference?
It all boils down to the processes involved, where divorce requires litigation, whereas mediation involves a neutral third party. Read on for a more detailed view of the same.
Divorce Explained
In simple terms, a divorce is a legal process designed to dissolve a marriage between two individuals. The procedures involved in getting a divorce will vary from state to state, but the general steps are as follows:
- Filing a petition – This is often the first step where the petitioner– the spouse seeking a divorce, formally files the petition with the appropriate court and provides reasons for the divorce.
- Serving the petition – After filing the petition, the petitioner now serves a copy to their spouse. They can do it through a process server, sheriff’s office, or a certified email.
- Response – After serving, the other spouse has a response timeframe (usually between 20 to 30 days).
- Negotiation and settlement – If both spouses settle on the divorce terms, they agree on a compromise encompassing property sharing and custody.
- Court proceedings – If the spouses disagree on the terms of the divorce, they then proceed to trial, where a family judge will listen to both sides and make a judgment.
Mediation Explained
Divorce mediation is an alternative to court divorce and is less expensive, time-consuming, and contentious. It involves a neutral third party– the mediator, who helps the couple agree on the divorce.
It is worth noting that mediation can be court mandated or a mutual decision between the troubled spouses. On top of that, the mediator can either be chosen by the court or the spouses.
This individual helps the couple identify issues relating to the marriage and agree on child custody and property division. Their primary role is to help the couple find common ground where they can settle all the issues pertaining to ending the marriage.
What Is the Difference Between a Mediator and a Lawyer?
By now, you should have a rough idea of the difference between mediation and court litigation, but what is the difference between the lawyer and the mediator?
First, you should note that these professionals have similar roles to help couples navigate divorces.
Divorce Lawyer Explained
On the one hand, a divorce lawyer is an attorney tasked with representing one or both parties in court. These individuals tend to advocate more aggressively for their client’s rights.
Their roles include providing legal advice, negotiating with the other party’s lawyer, and representing their client in court when necessary.
Mediator Explained
On the other hand, a mediator is a neutral third party that works with both spouses and helps them reach a mutual agreement on their divorce. The mediator only helps the couple reach an agreement but does not make any decision on their behalf.
Parting Words
A divorce is a stressful experience. It is an emotional time that has no room for mistakes. That said, it is essential to carefully analyze the nature of your divorce and know whether you will need litigation or mediation.
If you can settle the divorce terms with your spouse, mediation is often the best way to go. However, if you cannot reach common ground, it is best to have a judge decide based on facts.
