If you are going through a divorce in Alabama, you are definitely not alone. Divorce is common in the United States, and the numbers are high in Alabama too. According to the Alabama Department of Public Health, there were over 22 thousand divorces in the state in 2018. With such a high rate of divorce, it is important to know your options when it comes to legally ending your marriage. One of the biggest decisions you will have to make is whether to pursue divorce mediation or litigation. This article aims to help you understand the differences between the two and make an informed decision.

Alabama Divorce Mediation

Divorce mediation is a process where a neutral third-party mediator helps both parties work out the terms of their divorce settlement agreement. Mediation is generally less formal, less adversarial, and more flexible than litigation. In Alabama, divorce mediation can be voluntary or court-ordered.

Benefits of Alabama Divorce Mediation

Less Costly

Divorce mediation is often considerably less expensive than going to court. Since you only need to pay the mediator’s fee and not the court’s fees and other expenses associated with litigation such as attorney fees, you can save a significant amount of money.

More Control Over The Outcome

When you pursue divorce mediation, you have more control over the outcome of your divorce settlement agreement. In mediation, you and your spouse can discuss a wide range of issues and come to a resolution on your own terms. This means that both parties are more satisfied and invested in the final result.

Confidentiality

Divorce mediation has a higher degree of confidentiality than litigation. The mediator is bound by ethical standards and does not disclose information to anyone outside the mediation process unless it would be harmful to the parties involved.

Drawbacks of Alabama Divorce Mediation

Unequal Power Balance

If one party in the divorce has more negotiating power or is overbearing, mediation would come at a disadvantage to the other party involved. This is where a more formal legal approach might be beneficial.

Non-binding

One of the disadvantages of mediation is that the resolutions reached are non-binding. This means that they are not legally enforceable, and if one party does not comply, the other party would be forced to take their case to court.

Alabama Divorce Litigation

Divorce litigation involves a process by which both parties, with their lawyers, present their case before a judge. The judge then makes a decision on the terms of the divorce settlement. Litigation is a formal and adversarial process, where both parties’ lawyers present evidence before the judge.

Benefits of Alabama Divorce Litigation

Has Legal Binding

The biggest advantage of litigation in Alabama divorce is that the decisions made by the court are legally binding. Any decisions made are enforceable and cannot be ignored by any of the parties involved. This way, you can be guaranteed your interests are protected.

Professional Representation

In litigation, both parties have their legal representation. This means that they can tap into professional resources, legal wise, to move the case forward within the strict legal norms and when exploring every necessary route during the process.

Drawbacks of Alabama Divorce Litigation

Costly

Litigation is highly expensive. The cost of a trial can run into thousands of dollars. Attorney fees, courthouse fees, and other expenses can quickly add up. Each additional day pushes up the legal fees, a cost that is ultimately borne by the client.

Long Process

The litigation process is often a lengthy one and can take years to come to a conclusion. This means that the parties involved will be stuck in this process for a long time before making their way out of it.

Conclusion

In conclusion, both mediation and litigation have their advantages and disadvantages. It is up to the parties involved to sit down and understand what works best for them. If you share mutual respect and a willingness to work together, mediation can be a perfect option. It is less expensive, promotes self-determination, and less adversarial. However, if there is an imbalance of power among the parties or where there are irreconcilable differences in the marriage, Litigation is the most appropriate course of action for the aggrieved party. At the end of the day, you can know that there are options for resolving your Alabama divorce, and it’s all dependent on the facts and situation on the ground.