Divorce is often a difficult and messy legal issue, but there are alternatives to the usual litigation process for handling a divorce in the Topeka area. If you would rather avoid a lengthy court battle and the associated expenses and are open to the idea of cooperative negotiation instead of litigation, then divorce mediation in Topeka may be the solution for you.
Divorce mediation allows a divorcing couple to handle all of their divorce negotiations in a private, low-pressure setting. If you are unsure about the best way to handle your impending divorce, it’s important to consider the potential value of taking advantage of the divorce mediation process. Consider the benefits the divorce mediation process offers, and consult a Topeka divorce attorney as to whether this option is viable for your situation.
One: Divorce Mediation Is Low-Pressure
The courtroom experience can be incredibly daunting. When issues like your future financial security and custody of your children are on the line, the high stakes can make the litigation experience even more difficult. Divorce litigation requires extensive discovery and investigation processes, multiple court dates, and lengthy cross-examinations. The pressure this situation creates can be unbearable for some. Divorce mediation offers the chance to avoid this strenuous experience and reach a mutually agreeable set of terms with your ex through cooperative negotiation instead.
Two: Divorce Mediation Is Usually Faster Than Litigating
Any kind of litigation can take months or even years before the judge reaches a ruling and the case closes. Divorce mediation allows a divorcing couple to avoid the time and expense typically required of the divorce litigation process and streamline their proceedings through negotiation instead. Mediation can take however long the couple needs to reach an agreement. It may only take a few sessions with the court-appointed mediator, significantly reducing the time and money required for the couple to cleanly and legally divorce.
Three: Divorce Mediation Is Much Cheaper Than Litigation
When a case drags on for months at a time, you can expect to be paying your attorney’s legal fees for all the time they spend investigating and representing your case. If you have a court date, you can expect their billing clock to start ticking as soon as they leave their office for the day. Over months of litigation, your attorneys’ fees can add up.
Divorce mediation, on the other hand, is much more streamlined and much less costly. The two divorcing spouses may or may not have legal representation with them during their mediation sessions. The court-appointed mediator will incur a fee, but the total cost of mediating a divorce will likely be a fraction of the litigation cost.
Four: Mediation Can Lay the Groundwork for a Respectful Relationship With Your Ex
Divorce happens for countless reasons. Even if you hold powerfully negative feelings for your ex, drawing that negativity out can hurt you both. If you have children together, it’s important to remember that you will be part of each others’ lives until your children are grown adults or until your child custody agreement ends. The tension and pressure of the courtroom can cause emotions to run high and tempers to flare more easily. Divorce mediation, conversely, can allow the two of you to clear the air and start living your lives separately with a mutually respectful relationship.
Five: Mediation Keeps Your Divorce Private
When any case becomes a matter of civil law in the courtroom, it is entered into the public record. Once you take your divorce case to court for litigation, you should remember that the case will be publicly recorded. Every step of the litigation process could potentially become public knowledge. Mediation, on the other hand, is strictly confidential. Nothing said or discussed in your mediation sessions will become public record, only the record of your divorce decree once a judge has approved it.
Six: Mediation Results in Your Own Solution, Not the Court’s
When you litigate your divorce, the court ultimately has the final say in your divorce order. On the other hand, mediation offers the opportunity to negotiate your divorce and have the court approve it. When you move from a contested to an uncontested divorce through mediation, the court will review your proposed agreement, address any legal discrepancies, and then approve your divorce order with the terms you and your ex have negotiated through mediation. In most cases, this is preferable to having a divorce order’s contents imposed on you by the court.
Seven: Legal Representation Is Available If You Want It
Choosing divorce mediation over litigation does not mean foregoing legal representation if you would prefer to have a Topeka divorce attorney on your side of the table. If your spouse hires their own attorney and brings them to your divorce mediation sessions, it’s a good idea to have an attorney of your own.
Eight: Mediation Can Clear the Air and Prevent Future Conflict
Your divorce mediation sessions can provide many long-term benefits aside from sorting out the details of your divorce. Mediation can also help you address often-overlooked divorce issues and develop contingencies for potential issues that might arise between you and your ex. Thorough mediation proceedings under the guidance of a Topeka family law attorney can help you develop a solid divorce plan that covers as many eventualities as possible.
Nine: You Control the Process
One of the best benefits of divorce mediation is the fact that you control the process. When you undergo divorce litigation, it can feel like the situation has been ripped from your control. You may feel like you are at the mercy of the court’s ruling. In many cases, that is exactly what happens. With mediation, you and your spouse handle the course of your discussions and are ultimately responsible for developing your own divorce order on your own terms.
Get Help From an Experienced Topeka Family Mediation Attorney
Ultimately, divorce mediation can be the best option for handling your divorce in the Topeka area. An experienced Topeka divorce attorney can help you mediate your divorce quickly and efficiently.