Divorce is never easy and no two couples will take the same path to terminating their marriage. Litigation may be the only viable option depending on the relationship you have with your spouse and the details of your marriage. However, Pennsylvania courts may require mediation sessions before your divorce can go to trial. Acquire the help of a Montgomery County divorce lawyer to learn more about your legal options and rights.
Mediation Defined
Mediation is a dispute resolution technique that allows the parties involved to make all final decisions regarding the issues they are facing. During mediation, the couple will meet with a neutral mediator whose only job is to guide the parties through the negotiation process. The mediator has no authority over the parties’ decisions, they are simply trained in resolution and negotiation techniques. Their job is to make sure that all relevant issues are addressed and guide the conversation in a productive manner.
If the conversation gets heated or veers off course, the mediator will help redirect and ensure both parties’ voices are heard. Mediation allows the couple to retain total control over the outcome of their divorce and avoid leaving important decisions up to a judge.
Can a Court Require Mediation in a PA Divorce?
Pennsylvania courts have the ability to send couples to mandatory mediation sessions. While not every couple will face court-ordered mediation, many will be required to complete at least one session before proceeding to trial.
Judges generally prefer that couples resolve their issues between themselves if possible. This allows couples to create unique agreements regarding child custody, alimony, property division, etc.
What if Mediation is Unsuccessful?
If you attend court-ordered mediation but find it impossible to agree on a settlement with your spouse, your case will likely go to trial. Many people wish to avoid going to trial because it results in extensive waiting periods, hefty court and attorney fees, and a loss of control over the outcome of the divorce.
Once mediation fails you must book a court date. Depending on the jurisdiction you are in and the amount of cases they have it could take months to find an available date. During the trial, your attorney will present your wishes, as will your spouse’s attorney with theirs. Once the information has been introduced the final decision on all matters is left up to the judge. They will make a ruling on whether or not alimony should be paid and how much, the child custody arrangement, the child support payment plan, which spouse receives which assets and debts, and more.
Contact an Experienced Family Lawyer
At Cohen & Patel, we are equipped to handle delicate legal matters like divorce. We understand how overwhelming and emotional it can be and we’re prepared to help you navigate the legal process. A skilled divorce lawyer will ensure your rights are protected by examining all aspects of your situation and negotiating for a suitable outcome. Put your trust in a knowledgeable Cohen & Patel divorce lawyer.
