Divorce in Indiana: Mediation vs. Litigation
Getting divorced is rarely an amicable process. Often, one spouse feels wronged by the other and is unwilling to work together to work through the terms of the divorce settlement. This is particularly true if the marriage did not have an existing prenuptial agreement where these terms would have already been discussed prior to walking down the aisle.
However, despite the fact that divorce can become quite volatile, it is in your best interests, and that of your spouse, to attempt to resolve certain conflicts so you don’t wind up in court to settle your divorce. Below, we describe in further detail why mediation is a good alternative to litigation, and what to expect if you do decide to attend mediation with your soon-to-be ex.
Reasons to Choose Mediation
There are several reasons to try to resolve any divorce disputes in mediation as opposed to going to court. First, if there are children involved, you will likely need to be able to co-parent with your ex, and a messy divorce could make an already difficult time in their lives even more tumultuous.
It is also important to try to come to an agreement surrounding the division of your marital debts and assets in mediation because a judge doesn’t have any idea which items are significant to you. Your property will simply be divided equitably, which means your spouse could wind up with some of your cherished assets if you have to go to court.
What to Expect in Your Mediation Sessions
If you and your ex-spouse have made the decision to attend mediation, you will want to know what to expect. First, you need to be sure that you have worked with your attorney prior to mediation so you know what points you are willing to negotiate on, and which you remain firm on. A good example could be if you feel very strongly about having your children on a certain religious holiday.
In mediation, a mediator will be present to listen to both parties discuss issues surrounding child support and custody agreements, the division of your marital property and assets, and spousal support. Both spouses will voice their wishes and concerns, and the mediator will then attempt to help you meet somewhere in the middle on points of contention.
Remember, anything that cannot be resolved in mediation will be taken out of your hands and the decision will be made by the judge. Although this can sometimes work to your benefit, there is also the possibility that it won’t, which is why mediation is often the better option.
Work with an Experienced Indiana Divorce Lawyer
No one ever expects their marriage to end, but it will be to both parties benefit if you can avoid having to go before the judge by working through the terms of your divorce settlement in mediation.
You can further discuss the individual details of your case with a respected Indiana divorce lawyer at Rowdy G. Williams Law Firm by coming in for a complimentary consultation. You can reach us by phone at 812-232-7400 or through the submission form below when you are ready to schedule yours.