Marriages do not always work out for the benefit or happiness of both spouses. Some divorces are mutual, and both parties involved in a marriage wish to split up in the simplest way possible. Though divorces are often portrayed as bitter, there are situations in which couples can peacefully and fairly split their assets. However, when deciding between divorce mediation or hiring a divorce attorney, it’s essential to ensure that you’re making the right decision. If your divorce is not handled correctly, you could suffer from the consequences for years after it is finalized.
The Difference Between Divorce Mediators & Divorce Attorneys
When a couple ends their marriage, both parties typically hire an attorney. Though professional legal help may be necessary because of resentment, divorce attorneys help ensure that the process of divorce is handled correctly. Even if both parties have intentions of treating each other fairly, the use of divorce lawyers will help ensure a smooth legal process. The main goal of a divorce attorney is to protect the assets of their client and protect their interests in matters such as including alimony, child custody, and property division.
Divorce mediators do not share the same role as an attorney, and they represent neither you or your soon-to-be former spouse. Even if a divorce mediator is an attorney, they should not offer legal advice which favors one party over another as a privately hired divorce attorney would. Instead, divorce mediators work with both parties throughout the divorce process and do not choose sides. Their job is to be a neutral facilitator of negotiations. Mediation is a great option for couples who have children and need to maintain a non-hostile relationship. However, a divorcee should have the help of a family law attorney even during mediations. Hiring an attorney is not a hostile decision and is simply a way to promote a fair divorce.
When Should You Hire an Attorney?
While using a mediator is one way to divorce quickly, it is still important to hire a divorce attorney during the mediation process. Hiring a divorce attorney does not mean that a person wants to fight their spouse during divorce. Instead, a divorce lawyer serves as a safeguard that checks the terms of mediation and whether they are fair for their client.
Mediation is never a good idea for couples with an imbalance of power. For example, if a person’s main role during a marriage was staying home with children while the other person worked, these parties might need lawyers. Instead, these situations require divorce attorneys who will serve as advocates for their client’s best interests. A lawyer can assist with mediation but should be prepared to take a case to court if their client is not receiving a fair agreement.
The Bottom Line
While mediation may be a quick and more amicable process, it is not without its faults. Even if you expect your divorce mediation to end peacefully and fairly, you should still consult an attorney to ensure that everything is correct for your deal. It’s an unfortunate fact that your marriage is ending, and you should only trust yourself during this process. Having an attorney will serve as a safeguard for your future, and not a guarantee of taking a divorce to court. A good attorney will protect your rights, and fight or a fair deal before taking a divorce to court.
At Miller Law Group, P.C., our attorneys are focused on providing the experienced legal help that clients need during one of the most challenging times of their lives. We know that divorce is hard and will fight for your fair treatment throughout the process. Our attorneys give every case the attention it deserves and meet multiple times each week to discuss our client’s cases. We’re happy to strategize today to protect your future.
Call our Massachusetts divorce lawyers today at (508) 502-7002 for help with your mediation concerns. A member of our team is ready to talk right now!