A divorce entails settling on different matters such as asset and debt division, spousal support, and child custody, among others. Agreeing on such issues may not always be easy, and that’s when it’s time to seek help. In this situation, the choice is often between a divorce mediator and a divorce lawyer.
Both professionals offer expertise that can help smooth the divorce. A mediator acts as an unbiased party to help resolve disagreements between the couple, while a divorce lawyer provides legal guidance on the divorce process. Mediators are valuable for couples that may want to settle their divorce outside of court, but in most cases, couples may still require representation from Virginia Beach divorce attorneys to finalize their separation legally.
What Does a Divorce Mediator Do?
A divorce mediator helps couples reach an agreement regarding matters of their separation. They can negotiate terms on behalf of both spouses as they obtain information from both sides and assist in discussions. That said, they’re not allowed to provide legal advice, nor can they make final decisions on the divorce.
Mediated Divorce
Hiring a divorce mediator is often the preferred route for couples who would like to settle their separation outside of court, as is the case for uncontested divorces. Divorce mediation is advantageous because it’s generally less expensive and less time-consuming than going through a litigated divorce.
How long does an uncontested divorce take? It can be completed in just four to six weeks in Virginia. Divorce mediation is also a good choice for those looking into how to avoid discovery in divorce as it entails fewer court-related procedures.
Moreover, because both parties are working together to resolve a mediated divorce, they have better control of the process and the outcome, leading to a more amicable divorce with satisfying terms. This is particularly positive for those who want to maintain a good relationship after separating, such as those who need to co-parent children.
Once mediation is successful, the couple must bring their divorce to a court to finalize it, submitting the settlement agreement. A judge will then review this agreement to confirm it meets the state’s divorce requirements and resolves all necessary matters. The divorce may be resolved with or without the couple having to attend an in-person hearing; the judge will issue the final divorce decree.
While divorce mediation can be an effective way to resolve issues in divorce, it has some limitations. For instance, it’s not the best option for divorces dealing with a history of domestic violence or abuse and situations in which one party is unwilling to negotiate or share information.
What Does a Divorce Lawyer Do?
A divorce lawyer provides legal advice and guidance throughout the divorce process. Their expertise is valuable whether or not a couple decides to settle disagreements in or out of court, as all divorces will still need to be finalized legally before a judge (and thus may require legal representation).
Litigated Divorce
Hiring a divorce lawyer is often the most common course of action for couples going through a divorce. It’s particularly appropriate in cases that involve complex legal issues or where one party is uncooperative.
Most divorces are litigated, which means that they are settled in a court. In these cases, one of the spouses files a formal petition to a judge to terminate the marriage. If a couple can’t resolve matters, the divorce becomes contested and will need a trial for a judge to issue a final divorce decree that details decisions on unresolved issues.
Litigated divorces are generally subject to the court’s timeline, with high-conflict divorces typically demanding more time and legal fees.
Choosing Between a Divorce Mediator and a Divorce Lawyer
Choosing between a divorce mediator and a divorce lawyer can greatly impact the outcome of a divorce. The right option will depend on the specific circumstances of a relationship.
If a pair believes they can come to a peaceful agreement over important aspects of their partnership, then hiring a divorce mediator may be enough to complete the separation. However, if a couple has a history of abuse or violence, one party is being uncooperative, or mediation is becoming unproductive, then hiring a divorce attorney is the best way to finalize the divorce.
Still, most divorces will still need a divorce lawyer to help settle the divorce in court. If you’re looking for divorce attorneys in Virginia Beach, get in touch with Coastal Virginia Law today!