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Do we have to bring the divorce to court?

On Behalf of | Aug 9, 2023 | Divorce |

For the longest time, separating spouses go through litigation to acquire a dissolution of marriage order from the court. This is partly because many marriages end in conflict, and the spouses cannot agree on divorce terms. Hence, they have to bring the divorce to court so the judge can decide for them.

However, other divorcing spouses can settle the divorce terms without the court’s involvement. When this happens, they have the choice not to bring the divorce to court.

Mediation: A rising trend in divorce

While mediation has been available for decades now, it wasn’t until recently that the country saw a rise in the number of mediated divorces. Aside from its cost-efficiency and time-saving benefits, mediation also shows increased chances of creating a positive co-parenting relationship between ex-spouses.

Is mediation for you?

Divorce mediation is a great alternative to litigation in terms of duration, costs and amicable relationships. However, this method is not necessarily the best option for all divorcing parties. Many circumstances come into play when determining whether mediation can work for a case. These circumstances can include whether both parties are open to negotiating and whether there is a history of domestic violence or abuse within the marriage.

The court will still review the mediated terms

Even though the court will not intervene during the private settlement, the divorcing parties must still submit the mediated agreement document to the court for review. This is to ensure that the terms are fair and follow the law.

Choosing a suitable divorce method takes careful consideration of the facts and circumstances surrounding the marriage, as well as each party’s current situation. It gets more complicated when there are children to consider. Proper research and competent representation can help divorcing parties determine the most effective path for them.