Use Divorce Mediation when:
1. You want what's best for your children.
Divorce is tough on kids, on that point there we can all agree. By discussing the issues as parents, instead of litigants, you can outline the terms of your settlement including timesharing and child support so that they are focused on what's truly best for your children.
2. You want to keep things peaceful.
You don't need to agree on everything or be the best of friends to mediate your divorce case. If you and your soon-to-be ex are both willing to mediate, mediation can successfully work for you.
3. You want to save money.
Mediation is less expensive than litigation.
4. You don't want your divorce proceedings to drag on forever.
litigation tends to takes longer than divorce mediation, because of the back and forth nature of communications that happen between opposing counsel. In mediation, all communications take place in real time, so any disagreements can be discussed and resolved right then and there.
5. You want a high level of control over your settlement agreement.
Mediation allows you and your husband or wife to discuss and resolve all issues that pertain to your particular situation. And your agreement can also be customized to your specific needs.
Get a Divorce Lawyer when:
1. Your spouse is incapacitated.
If your spouse is perhaps an addict or are living with a neurological condition such as Alzheimer's disease, they may not be able to make sound decisions. If they're mentally incapacitated in any way, they'll need an advocate and should get an attorney.
2. You fear for your safety or there's domestic violence.
Your safety should be your number one concern, so if you are afraid for your safety, you'll want to get an attorney instead of using mediation.
3. You have reason to believe your spouse is hiding assets.
Lawyers can file motions with the courts to compel your spouse to surrender the necessary documentation needed to see if, in fact, there is an issue.
4. Your spouse is unwilling to mediate.
Because mediation is a voluntary process, both of you must be willing to at least give it a try. Active participation by both spouses is one of the requirements to make mediation work. Child support, alimony and division of marital assets and debts.