Getting divorced can be an emotionally-exhausting and financially-draining experience. This is especially true in hotly contested divorces where there is extreme animosity on both sides. Contested divorces can also take quite a long time to get resolved. You have approximately 20 days to file a response after receiving the divorce papers from your spouse. After that, expect at least a few months of waiting so counsel for both spouses can exchange discovery requests and hold hearings in regards to issues such as temporary spousal support, visitation with the children, and attorney’s fees.
Seeking Mediation Sooner Rather Than Later
As you can see, there can be many benefits to attempting to get into mediation to resolve your divorce sooner rather than later, as opposed to waiting and expending more time and resources on the divorce litigation process.
If mediation is sought early on, you and your spouse can choose to provide all the discovery that is needed, obtain the necessary property valuations, discuss custody-related issues, and so forth. Attempting early mediation makes sense even in situations where you and your spouse may have complex financial holdings that need to be fleshed out. Even if early mediation is unsuccessful, it can at least give you a sense of what issues matters most to you and your spouse, which can help narrow the scope of future settlement negotiations.
Mediation Will Likely Be Attempted at Some Point
If you or your spouse is concerned about proceeding to mediation early on in your divorce, consider the fact that, in most divorce cases, there will come a point in time where your attorney will suggest different avenues for reaching an out-of-court settlement. In fact, in Florida, a judge may require you and your spouse to undergo a session of mediation prior to trial in order to try and resolve as many issues as possible.
Early Mediation is Not the Best Option In Some Cases
Despite the benefits associated with mediating early on in a divorce case, there are some situations where early mediation is not the best course of action. This is especially true when you or your spouse has absolutely no interest in attempting to reach an out-of-court settlement agreement. For example, if your spouse has been abusive (physically or mentally) it is not recommended to get in the same room with that person to try and mediate the divorce. Your safety is of the utmost importance. Another example is if you decided to divorce your spouse due to their infidelity. The emotional wounds associated with discovering this dishonesty may be too raw to allow for a productive mediation session early on in the process.
Though, the divorce litigation process may help with addressing some of the emotions that are common for divorcing couples. As the expenses continue to increase, one or both of the parties may recognize the benefit of trying to get the divorce settled more expeditiously. In other situations, attending a hearing for temporary relief may be a wake-up call for you or your spouse. Why? Because you get to see how a judge is viewing the case and their reaction to the available facts and evidence.
Speak to an Experienced Boca Raton Divorce Lawyer Today
As you can see, the decision to proceed with early mediation is fact-specific and should be discussed with an experienced Boca Raton divorce attorney at the Law Offices of David L. Hirschberg, P.A. We are here to help you through this difficult time.