Divorce Mediation or Divorce Litigation – Which Process is Right for You?

Getting a divorce and looking for the best way to finalise matters so you can both walk away amicably with dignity and money in your bank account? No two marriages are the same, which means that no two divorces are the same. Depending on your circumstances, there are typically two types of divorces: the contested and the uncontested divorce. While the uncontested divorce is a process for those who want the same thing and agree on the settlement, an uncontested divorce is a process for those who do not agree on the settlement, or even the divorce for that matter.

The truth is no one truly wants to get a divorce, because not only is it traumatic and emotionally draining for everyone involved, but it can also be financially crippling to both parties. If you are looking for a quick, straightforward and inexpensive divorce then you need to arm yourself with the divorce procedure. You can either opt for divorce mediation or divorce litigation – below we take a look at both so you can decide which process is right for you.

Save Money, Time and Decorum with Mediation

Nowadays, mediation is the most widely preferred process of divorce. It is a voluntary process that requires both parties to hire only one mediator to assist with finalising the settlement. Not only can mediation save you up to 80% of the costs associated with divorce litigation, but you and your spouse get to decide your own fate. The goal of mediation is to help both partners communicate and focus on their future instead of their past. Mediation is much less stressful than divorce litigation, it is a way forward that also protects the interests of the children, and that is to not see their parents at war with each other.

Divorce Litigation Requires the Ruling of a Judge

Divorce litigation is a legal term meaning “carrying out a lawsuit” and it occurs when both parties simply cannot agree on the settlement. A long and drawn out battle, divorce litigation can take years to finalise and, after all is said and done, the judge is the one who determines your fate. Divorce litigation can easily become a financial burden, however for those parties that require litigation, it can be an extremely fair and efficient process of coming to a settlement that you are entitled to. But, if you are looking for the quickest and most cost-effective type of divorce then this is not the right process for you The bottom line is that every divorce is different and if you are both able to work together to make reasonable and honest decisions, then mediation will be best for you. However, if your partner is not being sincere or honourable, and you are not happy with the settlement, then divorce litigation would be best for you. Whichever route you choose to take, we at Riëtte Oosthuizen Attorneys are here to offer you our expertise and legal muscle to get you through it..

Specialising in divorce litigation, international divorce matters linked to South African law, divorce mediation and applications to the children’s court – we believe that you don’t have to spend thousands or wait years to move on with your life. Contact our divorce and family law firm today to receive the specialised legal assistance you deserve through your divorce procedure.