In a divorce, some couples ask themselves whether they should use a divorce lawyer or mediator. A divorce lawyer is not the same as a divorce mediator. Their roles in a divorce are different. What’s more, a divorce lawyer and a mediator are sometimes present in the same divorce.
Should You Use a Divorce Lawyer or Mediator?
As with most legal questions, the answer depends on your specific situation, the relationship with your spouse, and what you each want to accomplish. On the one hand, mediation can help you avoid litigation and do an uncontested divorce. On the other, a divorce lawyer can help you with an uncontested divorce.
Below you will learn the difference between a divorce lawyer and a mediator. Understanding the difference between them and their role in a divorce, will help you decide which to use.
The Role of a Divorce Lawyer
A divorce lawyer in a divorce represents one party. Your lawyer can only represent you in your divorce, they cannot also represent your spouse.
This is true even when you have an uncontested divorce. If you have an uncontested divorce, your lawyer may represent you and do the divorce documents for an uncontested divorce. In this case, your spouse may choose not to use a lawyer; but the lawyer doing the documents on your behalf only represents you.
If, for whatever reason, your uncontested divorce becomes contested, your divorce lawyer will represent your interest in the case. They will take steps to secure your rights to property, and your rights as a parent. At trial or final hearing of your divorce, your divorce lawyer will only represent you.
The Role of a Divorce Mediator
Divorce mediators are trained as neutral professionals to help you and your spouse communicate with the goal of reaching an agreement in your divorce. A mediator cannot represent either party.
In Florida, many divorce mediators are also divorce lawyers. A mediator is prohibited from providing legal advice during a mediation even if the mediator is also a divorce lawyer. When you attend mediation, with or without your lawyer, the mediator cannot provide you any legal advice, even if the mediator is also a divorce lawyer.
In Florida litigated divorces in Miami, you and your spouse will be ordered to attend mediation before a trial or final hearing date. The idea is to provide you and your spouse one last opportunity to reach an agreement to avoid a trial. Trials are expensive. Trials also take longer, and can cause delay in getting the time needed on a judge’s calendar.
When to Use a Divorce Lawyer or Mediator
You can use mediation before filing your divorce in court. At this mediation, you can also use a lawyer to represent you or mediate without a lawyer. It’s important to understand that your spouse must also agree to mediate. If your spouse does not agree to mediate before filing for divorce, then you must file for divorce. If you reach an agreement, your divorce will be an uncontested divorce, and be resolved much faster than a litigated divorce.
As mentioned above, a judge will order you and your spouse to attend mediation before giving you a trial date in your case. In this case, if you reach an agreement during mediation, then your divorce will also end as an uncontested divorce.
Conclusion
You can use a divorce lawyer or a mediator depending on your case. If you and your spouse have an agreement, you can use a divorce lawyer to do an uncontested divorce. In this case the lawyer will represent you and do the documents with the terms you want. You can also choose mediation before filing the case in court because you do not have an agreement; but your spouse must also agree to mediate. Lastly, you can file for divorce with a divorce lawyer if you do not have an agreement, and your spouse does not want to mediate.
As a divorce lawyer, I can provide uncontested divorce services as well as representation in a litigated divorce. If you would like more information, please call 35-710-9419, or provide your information for me to contact you.