How is mediation different than litigation?

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For divorce proceedings, individuals can decide to go through a contested or uncontested divorce. This can either lead to mediation sessions or litigation. With mediation, individuals may be able to end their marriage more amicably. This can help them to maintain a positive working relationship especially if they have children with one another. Since mediation requires the cooperation of both parties, it can be difficult to reach a desirable outcome. However, it can prove to be a more private process since litigation requires the court’s involvement. Mediation may be a shorter process since it is under the discretion of the spouses.

Who attends mediation sessions?

During mediation sessions, couples meet with a neutral third party. This individual does not make decisions for the couple, but rather acts as a guide to move the conversation along. They can help avoid arguments and maintain a civility between the spouses. Spouses are able to bring their attorneys to these sessions to include insight into their decisions. The children involved in the marriage should not be brought to these sessions.

What are the grounds for divorce?

When filing for divorce, individuals can choose if they want to claim a fault ground or pursue a no-fault ground. No-fault grounds can be cited as irreconcilable differences for at least six months. Fault grounds can include adultery, imprisonment, abandonment, cruel treatment, divorce after a legal separation agreement or divorce after a judgment of separation. This will be included in the complaint for divorce.

When filing this document, you can also cite any support that you will need. This can include alimony, child support and more. Through this, dependent spouses may be able to get the aid they need from their spouse. Since each marriage is different, there are different circumstances surrounding each divorce. One spouse may be the one who works for a paycheck while the other takes care of the kids. This would make the spouse who takes care of the kids as a dependent party in the divorce since they may need the financial support to carry on with their new life.

Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.