Deciding Between Filing for Divorce or Trying a Mediator

Deciding Between Filing for Divorce or Trying a MediatorThe decision to hire a divorce lawyer or a mediator is actually a very personal one. A person will need to analyze his relationship with the other spouse to decide whether a full divorce or mediation process will be best for the situation. To get started in the process of deciding between hiring a divorce lawyer or mediator, a father should create a pros and cons list and educate himself about what each professional can accomplish.

Mediation is a process in which a neutral, third-party helps you divide a divorce agreement or separation agreement. If you feel that you can still communicate with your spouse and decide what is best for the children, then the mediation process is a good choice. During mediation, you and your spouse will come up with your own agreement for custody, visitation parenting time. Mediation is also a good choice if you feel that you can figure out a fair way to divide property with your spouse. If your ex-wife is being unreasonable in dividing property in a fair manner, then going to court may be your only option. Mediation is a good option for two people who have already come to resolution about their feelings of the divorce process and are prepared to handle it in a mature manner.

The key consideration to understand about the mediation process is that an agreement is drawn up outside of the courtroom. A judge will not hear the case or play any role in deciding the custody or property division rights. Also, a mediation agreement may be modified by a court order. The mediation agreement that is created between two people is only morally binding. It has no legal authority to be binding.

If you want to draft an agreement that is legally binding, then a divorce lawyer will be the best option for handling your divorce case. The divorce lawyer is experienced in handling divorce arrangements in very contentious situations. If you anticipate that there will be problems in negotiating with your ex-wife, then hiring a divorce lawyer may be your best hope for peaceful resolution. A divorce lawyer wants to make sure that your rights are represented in court, and he or she will advocate for you.

Unfortunately, some states tend to be biased in granting parental rights to the father in a divorce proceeding. This is one other reason for why you should hire a divorce lawyer. If you are concerned about being able to have custody of your kids or have visitation rights, then a divorce lawyer can help you. A divorce lawyer is experienced in handling the process of filing paperwork for you. He or she can also be persuasive in front of a judge and displaying the reasons for why you should be awarded full custody of your children.

When you do decide to hire a divorce lawyer, make sure you do your research on the lawyer. You should be sure that the lawyer has a good reputation in the community and within the court system. You should also ensure that he or she is experienced in handling divorce proceedings. Just because a lawyer will handle your divorce case does not mean that he or she has actually worked on this type of case before. This is something to be aware of when you are speaking with lawyers who run a solo practice. They may simply need your business as a client and will take your case without having had experience in bringing a divorce case to court.

Also, always be sure to consider the fees of hiring a divorce lawyer. Hiring a divorce lawyer will likely to be more expensive than hiring a mediator. If you are on a tight budget, then mediation may be a better option for you. A divorce lawyer may be able to work out a fee agreement that is able to meet your financial needs.