Divorce Mediation vs. Divorce Litigation – What is the Difference and What Track Will My Miami Divorce Take?
When a person decides that it is finally time to divorce their spouse in Miami, they may wonder exactly what their divorce case will look like as they navigate the Miami divorce process. Indeed, divorce in Miami, and in Florida generally, must be done by getting an order from a Florida court dissolving the marriage once and for all. Most Miami soon-to-be-divorcees have probably seen a divorce case play out, whether in real life with family members or friends, on television dramas, or on the big screen in Hollywood movies. Accordingly, most individuals in Miami probably have an idea that divorce may entail a full-blown trial. However, divorce in Miami can take one of two different courses – the settlement track or the litigation track – and they may even jump around from track to track. But what is the difference between the divorce mediation and settlement track and the divorce litigation track, and what course will your Miami divorce take? To help individuals in Miami better understand this important part of the Miami divorce process, we answer those questions here.
Divorce Mediation and Settlement vs. Divorce Litigation in Miami Divorce Cases
At the outset, it is important for Miami soon-to-be-divorcees to understand that Miami divorce cases work like other types of civil cases, meaning that a judge will preside over the case, discovery and motions practice will commence, and, ultimately, if the case is not resolved, there will be a trial.. The two divorcing parties may need to participate in a full-blown trial if certain critical issues cannot be resolved between them. Alternatively, in the divorce mediation and settlement process, the parties to the divorce may be able to resolve their divorce case without the need for a full-blown trial. The parties to the divorce may engage in the mediation process – a typically day-long meeting where they attempt to resolve key issues with the assistance of a skilled third-party neutral – and may come to a settlement on the pertinent terms of the divorce. If the parties are able to come to an agreement through the divorce mediation process, then they can go back to court to have a judge enter the final divorce decree and order. Indeed, by bypassing the divorce litigation process, the parties may be able to save some time, money, and the stress of the trial process.
Divorce Mediation or Divorce Litigation – What is the Right Track in Your Miami Divorce Case?
Whether mediation or litigation is the right call in your particular Miami divorce case will depend on the parties’ willingness to attend mediation, and their ability to cooperate to reach an agreement. If parties to a divorce cannot reach an agreement on key terms, they may have to weather through the protracted Miami divorce litigation and trial process.
If you are in the Miami area and you need legal help with your Miami divorce case, contact the experienced Miami divorce attorneys at True North Law, P.A. Do not hesitate to speak to an experienced Miami divorce attorney today. Contact True North Law, P.A. and speak to an experienced attorney about your case now.
