Law Office of Edward S. Matisoff

Westlake Village Family Law Firm
 
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The differences between a mediated divorce vs a litigated divorce

When most people in California think of divorce, they imagine a set of lawyers arguing in court on their clients’ behalf. However, in some cases, a divorce can be resolved without getting lawyers involved. Some couples opt for a mediated divorce rather than a litigated divorce.

In a mediated divorce, the divorce is negotiated through a neutral party with expertise in family law meditation. One advantage of a mediated divorce is that it helps the clients save money. While the clients might still hire a lawyer, they won’t be racking up massive legal bills by spending hours arguing in court. The mediator might be able to resolve their issues more quickly and smoothly, saving both parties time and money.

Additionally, a mediator is easier on the children as well as the clients themselves. Working with a mediator can help keep the divorce amicable and prevent it from spiraling into a bitter, drawn-out battle. A mediator helps the former spouses stay in touch with each other and remain civil. If both parties can remain calm, they’re much more likely to be able to negotiate fairly and walk away from the divorce feeling like they got what they wanted.

How to proceed with a divorce case

Regardless if the divorce is mediated or litigated, an individual might benefit from hiring a lawyer. The lawyer might be able to help their client figure out if a mediated divorce is possible. If not, they might be able to help their client through the litigated divorce process.

The lawyer might also be able to help their client resolve issues of child custody, visitation rights, property division, debt division, spousal support and more. Working with a lawyer, a client might be able to negotiate with the other party and receive their fair share of assets in a divorce.