Divorce is often a stressful and tumultuous process for all parties involved. In Indiana, there are two primary ways in which individuals can dissolve a marriage: traditional litigation or mediation. While both options have their pros and cons, it’s important to understand the key differences between the two before making a decision.

Traditional Litigation

Traditional litigation is the most common way couples choose to get divorced. In Indiana, this process involves hiring an attorney to represent you in court. The judge will ultimately make decisions about property division, spousal support, child custody, and other issues related to the divorce.

Pros

• The judge has the final say: With traditional litigation, the judge has the final say on all issues related to the divorce. This can be beneficial if you are unable to come to an agreement with your ex-spouse.
• Representation in court: When you hire an attorney, they will represent you in court throughout the entire process. This can be particularly helpful if you aren’t comfortable speaking in front of a judge.
• Formal legal process: Traditional litigation follows a formal legal process, which can provide structure and stability during a time of emotional upheaval.

Cons

• Time-consuming: Litigation can take a long time. Cases can drag on for months or even years, depending on the complexity of the issues.
• Expensive: Attorneys can be expensive, and the longer the case goes on, the more money you’ll need to pay. Additionally, if the judge rules against you, you could be responsible for paying your ex-spouse’s legal fees.
• Emotional toll: Litigation can be emotionally draining. The process can stir up old wounds and create new ones.

Mediation

Mediation is a less adversarial way to dissolve a marriage. In Indiana, mediation involves hiring a neutral third party to help you and your ex-spouse come to an agreement on all issues related to the divorce.

Pros

• Quicker resolution: Mediation can be completed much faster than traditional litigation. Because there is no need to wait for a court date, mediation can be wrapped up in a matter of weeks or months.
• Cost-effective: Mediation is generally much less expensive than litigation. You’ll only need to pay for the mediator’s time, rather than hourly rate of an attorney.
• More control: With mediation, you and your ex-spouse are in control of the outcome. Rather than having a judge make the final decision, you’ll work together to come to an agreement that works for both of you.

Cons

• Not legally binding: While the mediator will help you come to an agreement, their decision is not legally binding. You’ll still need to go to court to have the agreement approved and turned into a legal divorce decree.
• Requires cooperation: Mediation only works if both parties are willing to come to the table and work together. If one party is uncooperative, mediation is unlikely to be successful.
• No representation: In mediation, you are not represented by an attorney. While this can be seen as a benefit (since it can save you money), it also means that you won’t have someone to advocate for you in court.

Conclusion

Deciding whether to pursue traditional litigation or mediation is an important decision that should be made carefully. While both options have their pros and cons, it’s ultimately up to you to decide which will work best for your individual situation. Consider your financial situation, emotional state, and desire for control when making your decision. Ultimately, with the right approach, divorce doesn’t have to be a difficult or painful process.