The Difference Between Divorce Mediation and Trial

Nothing is pleasant or easy when it comes to divorce. It’s deeply personal and every case has its unique intricacies. Most likely, your goal is to amicably and impersonally divide plans and assets up fairly, but sometimes this is more difficult than it sounds. In many cases, a divorce lawyer Orlando Fl can work with you, your spouse and their attorney to come to a satisfactory conclusion. This process is called mediation.

Goals of Mediation

If you and your partner can come to agreements and resolve your differences, the result will legally be a mutual divorce, which will not require a judge to render a decision and eliminate the need for a trial.

Some of the typically contentious items discussed in a mediation hearing include division of all liabilities and assets among both parties, child support and custody, attorney’s fees and division of retirement savings.

Challenges

Obviously, to varying degrees, all these items are deeply personal and potentially problematic, especially when matters regarding children are involved. While there are many successful mediation cases, the harsh reality is that a mutual divorce is a difficult result for many couples to reach. A divorce lawyer Orlando Fl can present facts and propose solutions and compromises, but the ultimate decisions rest with the couple. If they cannot get on the same page, the divorce will go to trial.

What Happens at Trial

If a divorce goes to trial, your divorce lawyer Orlando fl will present your case, and your spouse’s lawyer will present theirs. A judge will then review all the facts presented and issue their ruling, which is, of course, legally binding.

In a divorce situation, the hope is always that a couple can come to terms and agree to a mutual divorce. When this isn’t possible, a judge will step in.

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