Why Is It Wise To Have Your Own Attorney in a Mediated Divorce?
Divorce is not an easy process, but while you may have a conflict with your partner, it does not always imply that the only way to dissolve your marriage is through a drawn-out battle in court. Many couples are choosing to approach divorce through mediation, making it easier for themselves, their children, and other family members. Mediation offers an efficient and collaborative approach for spouses to settle their divorce. By working together to craft a mutually beneficial agreement, couples can resolve matters more swiftly and move forward with their lives after the divorce is finalized.
What Is Mediated Divorce?
Mediated divorce is an alternative to litigation. In a mediated divorce, couples work with a neutral third party, a mediator, to negotiate terms and reach an amicable agreement. As mentioned above, many couples are choosing this route when it comes to divorce as it is easier for the family since mediation helps keep family matters private.
Additionally, mediation is faster, less expensive, and less confrontational than litigation. Couples can also control the outcome in a mediated divorce, unlike during litigation, where decisions are left to a judge.
Why You Should Have Your Own Attorney in a Mediated Divorce
Even in mediation, having your own attorney can prove invaluable. Here are some of the reasons why it is wise to have your own attorney:
- Advising You Beforehand
Before starting the mediation process, your attorney can help review your situation and explain your rights based on the law. This ensures you are well-informed and prepared for negotiations.
- Support During Mediation
Having your attorney in a mediated divorce ensures you get answers and clarification on any issues arising during negotiations. Even if your mediator is an attorney, they must remain neutral and cannot offer legal advice to either party. Your lawyer fills that gap by ensuring you understand what is fair and reasonable based on your circumstances.
- Assisting With Documentation
Your lawyer can help gather and organize necessary documents that can significantly support your case during mediation, especially when it comes to dividing assets, determining spousal support, or planning child custody.
- Reviewing the Final Agreement
Once the mediation process concludes and an agreement or settlement is drafted, your attorney can help review it. This ensures that you are not unknowingly giving up significant rights or taking on unexpected responsibilities. A careful review can also help prevent future disputes by identifying and resolving potential legal issues early on.
When It Is Essential To Have Your Own Attorney
While having an attorney is helpful in most mediated divorces, it is essential if:
- You are involved in a contentious divorce
- Your divorce includes significant assets or business interests
- There are complex issues, such as child custody disagreements or hidden assets
While retaining an attorney may seem like an additional cost on top of having to pay the mediator, the benefits outweigh the expense. Investing in your own attorney can give you much-needed peace of mind and confidence when the stakes involve your financial stability or parenting rights.
Contact an Orlando Divorce Lawyer
If you are considering a mediated divorce, hiring an attorney is essential to protecting your rights and interests. Contact our Orlando family lawyers at the Arwani Law Firm today for legal guidance.
