What is the Difference Between Divorce Mediation and Trial in San Diego?

San Diego and the rest of the country have numerous instances of people filing for a divorce. This is a major issue throughout most of the country, and it doesn’t seem likely that divorce rates will fall off anytime soon. Although going through a divorce is one of the most challenging things that many people have to go through, it is important to know a little bit about it before you find yourself in these circumstances. Knowledge of the steps and procedure of a divorce are critically important to maintaining your rights during the process. Today, we will look at the differences between a divorce mediation session and a divorce trial. 

How Does Divorce Mediation Work? 

A popular alternative to a divorce trial, divorce mediation is an option that many splitting couples decide to use to help themselves through the process of divorce. It can potentially save them from some of the downsides of going through a divorce trial, and that is the ideal outcome for those who are trying to resolve their disputes with as little drama and cost as necessary. 

To understand what divorce mediation is, divorcenet.com uses the following definition: 

During divorce mediation, spouses meet with a trained, neutral mediator in an informal setting. Sessions often happen in the mediator’s office, but there are plenty of options for participating in online (or “virtual”) mediation. Regardless of the format, the mediator helps the spouses settle their issues—such as child support and how to divide property, among others—and record the settlement in an agreement.

It is a useful process in that it keeps people out of the courtroom when they don’t need to be. We know for a fact that most courtrooms throughout the country are backlogged with work as it is, and it is nice to know that there are ways to prevent the courts from getting even more backed up than they already are. 

Can Divorce Mediation Completely Settle a Divorce? 

Yes, the process of divorce mediation is frequently used to completely settle all factors related to one’s divorce. This is to say that as long as a splitting couple comes to an agreement about the key tenants of their divorce, there is nothing to stop them from completely settling every aspect of it in the mediation session. 

Many couples prefer to use this option because it means that they can keep aspects of their divorce out of the public eye. If they choose to go to trial, the entire proceeding will be a matter of public record. Instead, they can simply choose to mediate their divorce behind closed doors to get it over and done without public eyes on it. 

Additionally, the cost of using mediation is much lower than going to trial. The courts prefer if people avoid using their services for divorces as much as possible because it can cause the entire court system to grind to a halt. Fortunately, mediation exists to take care of at least the cases that can be handled by a mediator before reaching the level of needing to be ruled on by a judge. 

How Does a Divorce Trial Work? 

In an ideal world everyone could work out their divorce matters together and come to agreements that both sides are comfortable with. Unfortunately, that is not the way that things tend to play out in the real world. Instead, there is often a level of fighting between the parties getting a divorce. Thus, it is absolutely necessary to take some cases to trial to sort out those differences. 

There are a number of steps that one must take to process a legal divorce in virtually every state in the country. This is because courts want to ensure that the process is managed properly and that all parties represented have a fair opportunity to make their case before the court. 

In pre-trial proceedings, it is likely that the two sides will come together and try to sort out as many details as possible before asking a judge to settle any remaining disputes. In fact, the vast majority of judges will request that both sides work out as many of those issues as possible before ruling on them. It saves the court’s time, and it makes for fewer challenging decisions left in the hands of a judge. Quite frankly, the judge doesn’t want to have to decide matters that ought to be left to the couple to decide on their own. These issues might include: 

  • Child custody 
  • Equal distribution of assets
  • Visitation rights
  • Child support and ailmony

The list goes on from there, but every one of these factors is a potentially contentious thing to work through, and most judges don’t want to have to settle these things out on their own unless it is absolutely necessary. 

Should I Get a Lawyer for Both Options? 

There is no doubt that anyone going through divorce mediation or a divorce trial should obtain a lawyer to help work through the issues that their divorce may present. It is imperative that they have a lawyer by their side as they go through this challenging process. It is not easy under any circumstances to go through a divorce, and it is even more challenging when one does not have the proper legal presentation to help with the process. 

Fortunately, our attorneys are trained in how to assist clients with both divorce mediation and divorce trials. If you require services from us at Sandiegodivorcemediation.net, we strongly encourage you to get in touch right away. You need our attorneys to be involved in the process from the very beginning to provide you with the most useful support and assistance possible. 

Indeed, if you contact us today, we can set up a free consultation with you to see where you stand in the process and how our team can come to assist you. Our trained professionals will go over every aspect of your case with you to ensure that you understand the process. After that, our attorneys will fight hard to ensure that your rights and interests are protected. If that is what you seek from the divorce process, then our team is on standby to take your call. 

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