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Can I avoid divorce litigation?

Ending a marriage can be a trying and stressful time for both parties. If you are seeking a divorce, you may be wondering if there are ways to avoid a courtroom battle. Perhaps you want to get through the breakup faster or avoid some of the costs associated with a litigated divorce.

In order to end a marriage, a lawsuit must be filed. To avoid court fees and still resolve divorce disputes, people often look to other methods. Many times, an outside party can help individuals who aren't able to come to their own agreements for their divorce.

Another option

A popular alternative dispute resolution method is called divorce mediation. Divorce mediation allows the two parties to work together on certain goals with the help of a third party who is a neutral mediator. During a mediation, the parties work together to create an equitable and legally sound divorce agreement to which both parties can agree, while avoiding potential expenses and much of the emotional stress that can accompany litigation. Mediation can also minimize conflict and protect confidentiality.

Benefits of mediation

A major benefit of mediation is speed. Many court systems in Louisiana are overburdened, and by keeping your divorce settlement out of the court, you will not have to enter the line of individuals waiting for their turn in court. Another positive is that divorce mediation allows the two parties greater control over the outcome of the divorce settlement. You and your soon-to-be ex have the chance to draft an agreement that best suits your unique needs.

Since divorce mediation is confidential, you will also have the benefit of added privacy. Finally, you will not have to pay additional court fees to end your marriage.

Not for every case

Of course, no divorce solution is one-size-fits-all. Divorce mediation may fail even when both individuals want to try to find a solution by working together. In these cases, they can still choose litigation after the attempted mediation. In other cases, a threat of family violence or complex financial situations may make mediation a route that simply isn't possible.

Divorce mediation help

If you are considering or already facing a divorce, and you believe that mediation could be ideal for your circumstances, you will likely want to find trusted help. Since the mediator will be working with both you and your partner, you want to be confident that he or she will remain neutral and have the proper skill set to achieve the most optimal and fair divorce settlement possible.

An experienced attorney can carefully evaluate all of the intricacies of your divorce (or potential divorce) to determine if mediation could be your best approach toward moving on to a brighter future.   

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