Introduction:
Welcome to the daily blog of Shawna L Stevens PLLC, your trusted family law attorney in Fredericksburg, Virginia. Today, we will be discussing the key differences between divorce mediation and litigation and how to determine which option is right for you. Virginia’s legal code offers guidelines for both processes, which we will reference to help you make an informed decision.
Divorce Mediation:
Divorce mediation is a collaborative, non-adversarial process in which a neutral third-party mediator helps the separating couple reach a mutually acceptable agreement regarding issues such as property division, child custody, and support. This option promotes open communication, fosters cooperation, and can often result in a more amicable and cost-effective resolution.
According to Virginia Code § 8.01-576.10, mediation is encouraged as a means of alternative dispute resolution. The benefits of mediation include:
- Privacy: Mediation is a confidential process, allowing couples to discuss and resolve issues without the public scrutiny that comes with litigation.
- Control: Couples maintain control over the decisions made, rather than leaving the outcome in the hands of a judge.
- Faster resolution: Mediation can typically be completed in a shorter time frame compared to litigation.
- Cost-effective: Mediation can be less expensive than going to court.
Divorce Litigation:
Divorce litigation is the traditional legal process where the divorcing couple presents their case before a judge, who then makes a binding decision regarding the division of assets, child custody, and support. Litigation may be necessary when couples cannot reach an agreement through mediation or other alternative dispute resolution methods.
Virginia Code § 20-91 outlines the grounds for divorce, while § 20-107.3 and § 20-108.2 provide guidance on property division and child support, respectively.
Some situations that may necessitate litigation include:
- High conflict: In cases where there is a significant amount of animosity or disagreement, litigation may be the best course of action.
- Complex financial matters: When the division of assets is complicated, it may be necessary for a judge to provide a ruling.
- Abuse or neglect: If there are concerns about the safety or well-being of a spouse or child, litigation can provide a more structured and protective environment.
Conclusion:
Choosing between divorce mediation and litigation depends on your unique circumstances and the level of cooperation and communication between you and your spouse. Mediation can be an excellent option for couples who are willing to work together to reach an amicable resolution, while litigation may be necessary in more contentious situations.
At Shawna L Stevens PLLC, our experienced family law attorneys can help guide you through the divorce process, whether it be mediation or litigation. Contact us today to discuss your options and determine the best course of action for your situation.