Pros and Cons of 2 Types of Divorce

Traditional Divorce vs. Mediated Divorce

 

Divorce sucks no matter how you slice it, but there are ways to make it suck less. Every divorce hits a family emotionally and financially, but it’s not the same for everyone. Those that go the traditional route of a litigated divorce tend to hurt emotionally and financially more compared to those that don’t. 

 

Read on to learn the pros and cons of a traditional divorce vs. a mediated divorce.

Traditional Divorce Pros and Cons

Pros

• Attorney Client Privilege 
  • Your attorney will keep your secrets.
• Attorney is your advocate
  • Your attorney will fight for you. 
• Attorney will give you legal advice
  • Your attorney will help you weigh your options and make a decision that makes the most legal sense. 

Cons

• Public court house
  • Anyone can walk in there and hear all about your problems. 
• Charged for every 6 minutes
  • Attorneys bill for every 10th of an hour of work. That short email you sent them may cost you $40 for them to read and respond.
• Average cost of divorce with kids is $20,000 per person
  • That’s $40,000 that could have been used to rebuild your lives.
• Contentious
  • Sometimes, not always, attorneys can increase the conflict.
• Each person pays for their own attorney and experts

 

Mediated Divorce Pros and Cons

Pros

• Modified flat fee
  • You know what the divorce will cost you upfront.
• Mediator is neutral
  • The mediator won’t take anyone’s side in the divorce.
• Average cost of divorce is $5000 total
  • That’s more money in your pocket to rebuild your life.
• Less conflict
  • People still fight in mediation, but generally they are committed to resolving things as peacefully as possible and they reach resolution.
• Don’t have to appear in court
  • No fighting traffic, paying for parking, going through metal detectors, or sitting on hard wooden benches.
• Confidential
  • The entire process and proceedings are confidential. 
• All fees are split between spouses

Cons

• Mediator is not your advocate
  • The mediator cannot be on your side and will not fight for you.
• Mediator cannot give legal advice
  • Mediators are legally prohibited from giving legal advice while in the role of a mediator.

 

It’s important to take an honest look at your situation and decide which method is the best way for you to divorce. If you’re on the fence, or have questions, please contact me as I’d be happy to chat with you about it.