The truth is most people who are contemplating divorce in Huntsville don’t understand the legal intricacies. Like all states, Alabama has residency requirements and allows divorces on both fault and no-fault grounds. Most divorces in the state are no-fault ones, but when two parties are in disagreement on certain issues, they may have a contested divorce. In other words, you and your spouse may want to get a divorce, but for that, you must agree on a settlement that’s acceptable to both. If you are in a contested divorce, meet the attorneys of The Harris Firm for a case evaluation. Usually, there are two choices – litigation and mediation, and in this post, we look at both options.
Litigation at a glance
Litigation is the usual method for resolving a contested divorce, where spouses rely on the court to make the final decisions. There is a clear structure for litigation, and the court will consider the interests of both parties and base the decisions in a way that everything is fair. Litigation might be the only choice for couples who have failed to go through negotiations or don’t want to cooperate outside of court.
The flip side of litigation
First, litigation is often expensive. There are court costs and lawyer expenses to be paid, and if the contested divorce continues for a long time, the cost of litigation can be significantly higher. Also, if you choose litigation, you will be in a public courtroom, and the records will be accessible to the public. If privacy is your concern, this might not be the choice for you. Also, going to court and fighting it out could strain family relationships. When you have minor children, you don’t want them to go through all that. Not to forget, litigation doesn’t give you any control over the outcome. The judge decides everything, and decisions may not be in your favor.
Mediation at a glance
If you don’t want to go through the legal process of litigation, you still have the choice of mediation. Mediation requires collaboration, and both parties will work with a third party called the mediator to resolve disputes. There is room for conversation and communication, but remember, mediation will only work when both spouses are interested and willing to compromise.
The benefits of mediation
There are many reasons why lawyers often recommend mediation to clients. Firstly, there is precise control over the proceedings. Divorce can impact your life in many ways, and it only makes sense that you have a say in critical issues. Also, mediation doesn’t cost as much as litigation. Yes, you will still need an attorney and must pay the mediator, but the overall difference in pricing is often huge. Mediation is also private and confidential. If you are keen on keeping the children out of the divorce or wish to function together with your spouse as a unit after the divorce, mediation is always better. You don’t have to worry about privacy concerns, either.
The flip side of mediation
Mediation requires willingness, cooperation, and the intention to work towards a resolution, and this is true for both parties. Mediation is not for everyone. For instance, if you are in a high-conflict zone or when your spouse has been abusive and dominant, you may not benefit from the process.
Talk to your attorney
Meet your divorce lawyer in Huntsville and share all relevant details for precise advice. They will do a case evaluation and determine whether there is room to talk and go for mediation. While mediation doesn’t always guarantee a positive outcome, it is usually better for most couples.
