Is Your Divorce Case Destined For Trial If You Can’t Reach A Settlement Through Mediation?
If you are dreading the idea of facing your spouse in a courtroom and the judge hearing her say all the terrible and at least partially untrue things about you that she said to you when she told you she wanted a divorce, the good news is that probably will not have to. Most divorce cases do not go to trial, no matter how ugly things got when the parties filed for divorce. The court orders almost all couples to participate in mediation before it will schedule a trial. Most couples can finalize a marital settlement agreement (MSA) after a few mediation sessions, and if they have minor children, they can usually agree to the terms of a parenting plan. Not every couple can reach an agreement during mediation, at least not the first time around. A Boca Raton divorce lawyer can help you finalize your divorce without a stressful and expensive trial, even if you and your spouse reached an impasse during your first attempt at mediation.
When Emotions Get in the Way of Mediation
The main reason that the courts order couples to attend mediation instead of going straight to trial is that mediation is a lot less expensive. Getting divorce never enriched anyone, and even though some have hard feelings about the share of marital property that you did not get to keep, it is easier to find consolation if you did not also spend a substantial portion of your marital assets on your divorce trial.
The bad news is that, during mediation, no one is right and no one is wrong; the goal is to reach an agreement, and reaching an agreement with someone who just broke your heart and upended your plans is as hard as it sounds. Focusing on allocating blame and on having the last word is one of the main reasons why mediation sessions fail to result in agreements. The good news is that you can and should work with a lawyer during mediation and have your lawyer speak on your behalf.
If Not Going to Trial, Then What?
The even better news is that, if you and your spouse are unable to finalize an MSA after attending mediation, it does not automatically mean that your case will go to trial. You can always try mediation again with a different mediator. The judge might schedule a trial date, but the parties might finalize an MSA before that date arrives. Your lawyer and your spouse’s lawyer can continue negotiating with each other, and maybe they will be able to reach an agreement before the judge has to decide.
Contact Schwartz | White About Getting Divorced Without Going to Trial
A South Florida family law attorney can help you focus on long-term solutions so that you can finalize a marital settlement agreement and will not have to spend a lot of money on litigation. Contact Schwartz | White in Boca Raton, Florida about your case.