Mediated vs Litigated Divorce Cases

Every divorce case is unique. This unique nature can affect a wide range of factors and determine how each case plays out. As a result, not every divorce case has to be litigated. In fact, many divorcing couples find it beneficial to handle divorce through mediation.

Understanding Mediation:

Mediation is a process that divorcing couples use to negotiate acceptable divorce agreements with the assistance of a mediator, or unbiased third party. The mediator, who can also be an attorney, helps couples communicate and negotiate. While a mediator can make suggestions, a mediator does not make any decisions for couples.

Understanding Litigation:

Most often, litigation is used to finalize contested, high-tension divorces in order to resolve disputed issues. In most cases, litigated divorce cases cost more than mediated divorce cases due to trial expenses, delays, pricey attorney fees, and more

The Benefits of Choosing Mediation Over Divorce

While mediation and litigation can both be used to finalize a divorce, many find it easier and less emotionally taxing to use mediation over litigation. To help individuals understand, our attorneys have created a graph, which compares mediated and litigated divorce cases:



In a mediated divorce case, spouses determine the best interest of their child.

If parents cannot agree on custody issues, the court may determine a strict custody order, creating a possibility for a child to become unhappy or emotionally unstable.

The divorcing couple determines and controls the outcome of the divorce.

A judge or commissioner decides the outcome of the divorce case.

Mediation is a confidential process that allows for a couple’s decisions to remain between the spouses and the third-party. Additionally, there are no filed declarations of accusations against one another.

All filed declarations of accusations are held in public records, meaning anyone can view these files at any time.

A mediator will help the divorcing couple negotiate a fair settlement.

Property division decisions may depend on the following: how aggressive a spouse’s attorney is, a judge’s opinion, prescribed court schedules, and which spouse is more aggressive.

Alimony, child support, and parenting plans are likely to be maintained when they are mutually decided.

Spouses may develop resentment towards one another, creating a lack of commitment for each spouse to follow court orders.

Mediation allows each spouse to maintain their dignity. In addition, mediation allows for divorcing partners to work together to reach a solution, creating a more positive and cordial outcome.

Litigation can cause spouses to grow hostile towards each other since much of the divorce may include arguments, declarations of accusations, and choices made my a court or judge.

Contemplating Divorce? Let Our Divorce Lawyers Help You.

If you thinking about filing for divorce, we urge you to get in touch with The Virga Law Firm, P.A. right away. Our legal team can help you pursue positive results by using methods and strategies that are less emotionally and financially taxing. At our firm, we truly care about your well-being, and that is why we stand ready to handle your case with the dignity as if it were our own!

To discuss your case, contact The Virga Law Firm, P.A. today!