May 16, 2013

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Do You Need an Attorney or a Divorce Mediator?

When a married couple mutually decides that they want to divorce, they can use the services of a Divorce Attorney West Warwick area, or they could opt for divorce mediation. Mediation is a simple process in which the couple meets with a neutral third party facilitator In order to come to a mutually acceptable agreement regarding the terms of their divorce.

The mediator helps to reach terms through negotiation for issue such as property division, alimony, child custody, and child support. A mediator does not offer legal rulings; only a judge can do this. The mediator also does not represent any party, so a consultation with a divorce attorney may still be needed. Either party can bring the divorce agreement to the lawyer in order to make sure that it best services their interests.

The differences between a divorce attorney and a divorce attorney may be confusing. First, an attorney represents one party during a legal process. They act as that party’s adviser and advocate. The attorney can give legal advice, and they make arguments during negotiations which represent the interests of their client.

On the other hand, a mediator does not take any one side. Their main role is to assist with communication, which is typically strained due to the emotional issues that surround dissolving a marriage. Communication is a must in order to reach a resolution. A mediator can be a lawyer, but they cannot dispense legal advice during this process.

Mediation is advantageous over a court-assisted divorce. For one thing, it is a cheaper alternative, which is why it is popular. The process is faster, as it may take many months for court proceedings to take place. Even with this in mind, this process is not applicable to many couples. If one spouse has a significant amount of property, then he or she should protect their assets with a more traditional divorce. If a party has suffered any abuse-;emotional or mental-;then they may feel bullied in this manner, and really should consider having an attorney advocate. Courts also offer the security of retribution in the case of withheld information, whereas mediation offers no such guarantees.

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