Overviewing Mediation And Litigation
The primary differences between mediation and litigation in divorce center around the approach to reaching an agreement. They also involve the level of court involvement. To get divorced in California, the court requires two things: a six-month waiting period and a judge’s signature. You can resolve the process either by reaching an agreement and submitting it to the court, or by going to trial.
Why Choose Mediation
Mediation and litigation both start with trying to reach an agreement. In mediation, you’ll likely work together with the other party, often with a neutral mediator, to resolve your issues without going to court. Mediation is typically quicker, less expensive, and allows the parties to retain more control over the outcome. That includes decisions about custody, property division, and financial matters. It’s ideal for couples who aren’t in major conflict and can communicate effectively.
What To Expect From Litigation
Litigation, on the other hand, involves each party hiring their own attorneys to represent them in court. It tends to be more adversarial, time-consuming, and costly, with courts often taking over a year to schedule a trial date. The court then makes decisions for the couple, which can feel more rigid and less personalized to their specific needs. Even in litigation, the goal is often to reach a settlement before trial. Many cases will end up in mediation before going to court.
Which Path Makes Sense For You
Ultimately, we encourage mediation to avoid the lengthy and expensive process of litigation. But even when litigation starts, the hope is to settle before going to trial. The more collaborative you can make the process, the faster and less costly the divorce will end up being.
Still Have Questions? Ready To Get Started?
For more information on Divorce In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 915-9113 today.
Jordana Better of the Law Office of Jordana N. Better in California is a skilled family law attorney who has successfully guided countless clients over the years through both mediation and litigation in divorce cases. With a deep understanding of both approaches, Jordana helps clients navigate these emotionally charged situations, ensuring their rights are protected while seeking efficient and favorable outcomes. Her experience allows her to advise clients on the best strategies for their unique circumstances.
Contact Jordana today for the guidance you need to make your way through the divorce process.
