Getting A Divorce? Difference Between A Divorce Attorney And A Mediation Divorce
If you are planning to get divorced soon, you will have to consider many things from who gets the house to who owns the dog. You also have options on how you can get divorced, such as by a traditional divorce or a mediation divorce Below is some information about this so you can decide what would work best for you and your situation.
A mediation divorce is generally much less expensive when compared to a traditional divorce. With this type of divorce, you and your spouse will meet with a mediator. This mediator may or may not be an attorney. You should consider using one that is an attorney, however, because it is important that they understand divorce law. This will ensure that everything is resolved during the divorce and that everything will go smoothly.
With a divorce mediator, you will not have to go to court. This can save you a lot of time as you do not have to go by the court's schedule but instead go by your own. If there are children involved, you and your spouse can sit down and calmly go over your options together without all the people in the court around you.
What is discussed during mediation is confidential and will not become a public record. One main difference between a mediator and divorce attorney is a mediated divorce is not subject to arbitration. This means you and your spouse makes all the agreements and you are not bound by a judge or any type of arbiter.
If you and your spouse are not at a point where you can peacefully talk to each other then you should hire a divorce attorney instead of a mediator. A divorce attorney is beneficial because they can ensure that you are treated fairly in the divorce. For example, if both of you own the home your spouse cannot keep the home unless you both agree on it. If you do not want them to have it then you could put the home up for sale and both of your split the money that is made.
If you and your spouse cannot agree on custody, your divorce attorney can explain all the options to you. Depending on the circumstances, you can file for legal custody, which gives you the right to make all decisions about your child's well-being and how they are raised. Physical custody involves where the child will live on a day to day basis. Sole custody is one parent having full custody and joint custody is where your children will split their time between you and your spouse.
Your divorce attorney can give you much more information about getting a divorce so you can understand the process. For more information, contact companies like The Law Offices Of James Scott Walker.