Your divorce process will affect every fiber of your life, it will impact your family and can have lasting effects as well, whether it is a mediated or litigated divorce in Oklahoma. How you choose to pursue your divorce action will dictate how it will negatively or positively impact you.
In a litigated divorce, each spouse is represented in the courtroom by a separate attorney. Each divorce attorney will advocate on behalf of their client and present the case to a family court judge. The judge will ultimately make the final decisions in your divorce case.
In a mediated case, a neutral third party — known as the mediator — helps to facilitate communication between the parties in the case. Mediated divorces do not have to go to court because the parties, mediator and divorce attorneys work together to reach agreements in the case. The mediator’s job is to encourage helpful discussions, explain the law and provide options.
Cost
The first major difference between a litigated divorce and a mediated divorce is the cost of the divorce. In a mediated divorce, many mediators offer a fixed amount for mediation services. However, many divorce attorneys are certified mediators and charge by the hourly fee.
Most mediation costs include court costs, filing fees, paperwork and communication in their hourly fee or flat rate fee. Most retainers for litigated cases start between $5,000 and $15,000 just to get the paperwork started. Both you and your spouse will each be paying an attorney, who will work long hours prepping for hearings and trial, costing much higher than a typical mediated divorce.
Time
In mediation, it usually only takes a few meetings with the mediator to complete the divorce process and create the marital settlement agreement. You spend less time in mediation because cooperation makes decisions occur faster, process of service is easier, and most of the work to get your divorce started takes place in the first meeting.
In a litigated divorce, it can take years to complete. If you and your spouse disagree on most issues in your divorce, then every issue will need a hearing date. In order to be assigned a hearing date, your divorce attorney will need to submit a request for hearing form. Once submitted, you will be assigned a court date, sometimes six to eight weeks in the future.
If there is an issue with the court date, your attorney may end up continuing the hearing to an even further date in the future. Not to mention, if your spouse is holding up the process, it will take that much more time.
Control Over Result
There are rare moments where you are actually in control of the way your court case will end. In a mediated divorce, however, you and your spouse get the power to make all decisions pertaining to your case. These decisions are then memorialized in a marital settlement agreement. The marital settlement agreement is not appealable, thus you are officially done with your divorce when you sign it.
In a litigated divorce, the judge will make all the decisions that you and your spouse cannot agree on. There will be times where you think the judge is ruling unfairly, and times where you will like the decision. There is little to no control of the outcome of your case in this situation.
When Litigated Divorce is Necessary
For highly contentious and high-conflict divorces, you do not want to try and go through mediation on your own. In these cases you need an advocate on your side to handle the day-to-day operation of your case and allow you to have a healthy distance from it. Hiring a divorce attorney is essential in these cases where one spouse is acting unreasonable and uncooperative.
Free Consultation with a Tulsa Divorce Attorney
Consulting with an attorney as soon as possible in a divorce case is very important in order to preserve your rights and make sure terms of your divorce settlement are fair. An attorney can help you remain cooperative and reasonable during the entire divorce process. An attorney can also act as your advocate in the case of a difficult opposing spouse.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
