Divorce vs. Mediation

Divorce vs. Mediation

Divorce is the legal dissolution of the marriage contract. In Michigan, you can resolve a divorce either by settling out of court or through litigation. Uncontested divorces occur when couples reach an agreement without a trial, often using mediation. Unlike litigation, which is adversarial and decided by a judge, mediation is a cooperative process in which couples negotiate with a neutral mediator. Judges in Westland often require couples to attempt mediation before proceeding to court. Our experienced Westland, MI, divorce attorneys at The Smith Law Offices, P.C., recognize the benefits of avoiding litigation and can guide you through either process.

The Advantages of Settling Divorce Cases

Uncontested divorce offers many strong advantages. Consider these benefits:

  • Going to court sets the stage for a battle, which speaks to a high-conflict case that is hard on everyone involved, including your children. Mediation is less formal and less contentious.
  • Mediation usually costs less than litigation and takes less time. Avoiding a crowded court schedule speeds the process.
  • Mediation allows you and your spouse to maintain decision-making authority over primary concerns that directly affect your lives and rights. This is the most important factor for many couples.
  • While court records are a matter of public information, mediation is private.

If you go to court in Westland, your case will be heard at the Wayne County Third Judicial Circuit Court in Detroit.

Mediation Helps Many Couples Settle Their Divorce Cases

Mediation can pave the way toward more effective negotiations. In mediation, the spouses (with their divorce lawyers) meet with a neutral third-party mediator, who facilitates without giving legal advice or deciding the terms to be settled.

Mediation is binding only if both spouses agree to and sign the terms. Knowing that litigation is the next step can strongly motivate compromise.

When Going to Court Is the Right Choice

Negotiations and mediation aren’t always good options. For example, if domestic violence is an issue, the court provides important parameters to help protect the vulnerable spouse’s rights and safety.

If your spouse refuses to negotiate reasonably, trust their stance. Divorce is emotional, and some resist compromise. In these cases, consider scheduling a court date.

Our Experienced Westland Divorce Lawyer Can Help

Our Westland divorce attorneys at The Smith Law Offices are dedicated to advocating for your interests. For more information, contact us online or call 734-729-4465 today.

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