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Should you consider mediation for your divorce?

If you are facing a divorce, you have many decisions to make, and the entire process can seem very overwhelming. In addition to the emotional stress and turmoil you are going through due to the breakup of your marriage, there are all the questions of assets and property distribution to resolve. If you have minor children, there will be decisions regarding custody, child support and visitation.

In some cases where a couple is able to find common ground and not looking to immediately take things to court, mediation may be a good option. There are several benefits to the mediation process in a divorce.

Financial benefits of mediation

One of the primary benefits of mediation in a divorce is that it is less costly than a court-litigated divorce. Legal fees mount very quickly when a divorce goes to court. A contentious divorce can often become an all-out battle, and every move forward in that battle costs money. As fees mount in a contested divorce, you may start putting your own financial future at risk. Therefore, a mediated divorce can often help you avoid the risks associated with the exorbitant costs of a protracted court battle.

Greater control over decision-making

When you take your divorce before a judge, you lose final control over the decisions that the judge makes. Your attorney will present your case, but ultimately the judge will determine the outcome of your situation based on the facts presented on both sides and by going by the specifics of the law as they apply to your case. In a mediated divorce, however, you retain more control over the decisions made regarding your situation. A mediator will set "ground rules" to help with boundaries and mutual respect. This allows for a collaborative process with the objective of coming to decisions that work for everyone. 

If you think your situation may benefit from a mediation, the next step is to contact an attorney who handles these cases. A consultation will give you the information you need to understand your options and how to proceed.

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8202
Marlton, NJ 08053

Toll Free: 866-350-9940
Phone: 856-375-1586
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