Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney
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Mediation or Litigation: Which Is Best for My Divorce?

November 23, 2021
Posted By: Robert M. Kaplan
attorney hands working through mediation paperwork

Divorce is not an easy process for either party and once you've decided to separate from your spouse, how you plan on going about the legal process of divorce is the next most important decision you will make.

It will affect your financial and personal life permanently. Getting the right legal help is essential to success.

You may be interested in learning more about mediation or litigation for resolving a marriage.

What Is the Difference Between Mediation and Litigation?

Determining which is better for your situation starts with understanding both mediation and litigation and their functions.

Briefly speaking, mediation takes place between the two parties. A third-party mediator, with no vested interest in the situation and professional knowledge of the law, will help the two parties reach an amicable solution for the division of assets and the arrangement of things like child custody.

At this point, the court is not involved in the divorce and only becomes involved if the parties cannot reach an agreement, making litigation necessary.

Many people imagine litigation when they think of divorce, the courtrooms, layers, and drawn-out legal proceedings. Most often, litigation only becomes necessary when mediation is no longer an option.

Which Is Better for My Divorce?

Ideally, litigation only happens when mediation fails. If both parties believe that they can agree to the distribution of assets without involving a judge, mediation is always the best solution. 

Mediation is cheaper, faster, and easier for both parties and their families. It also increases the likelihood that they can co-parent successfully.

There are situations when mediation may not be an ideal solution. Some cases like these include:

  • Avoiding an abusive spouse
  • Dealing with a deadbeat parent
  • Spouse has committed a serious crime
  • Spouses personal issues have reached a point where they are beyond negotiating with each other

Schaumburg, IL Divorce Law Office

In situations like these, moving straight into litigation may be the correct choice. Contact your local professional divorce lawyer, Robert M. Kaplan, and his team today to learn more about your options.

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