In most divorce proceedings, each spouse is responsible for his or her own attorney’s fees and litigation costs. The court does, however, have the power to require one party to cover all or a portion of the opposing party’s reasonable attorney’s fees. This will depend on the financial resources of both parties and the facts of the case. Either party may request for the other to pay attorney’s fees. It is at the judge’s discretion as to whether that is ordered or not.
Ninety percent of cases are actually resolved in mediation. You and I will meet in one room and most of the time, the other attorney and their client will meet in a separate room and the mediator will then go back and forth between both rooms to try and come up with an agreement. Most of the time, one spouse starts with this type of idea where they think they want to be and so does the other spouse. So through the mediation process, we compromise to the point where we can both live with something that we can agree to and sign off on it.
If it’s something that the two of you actually create, it is probably more likely better and more beneficial for your children to follow a mediated settlement agreement, as opposed to allowing the judge to make a decision on your case, being a complete stranger and just another case in the long line of cases that that judge has to rule on that day. You keep control of making decisions on your divorce by participating in successfully coming to an agreement during the mediation process.
Another good advantage to mediation is once we sign off on a mediation settlement agreement, there is no backing out of it. No buyer’s remorse. It’s a done deal. You wouldn’t be able to call me tomorrow and ask, “I kind of don’t agree with what we did in mediation last night. Can I change my mind?” The odds are very slim. It is pretty much a done deal.
So that saves a lot of money in trying to prepare to go forward and prepare for a hearing or a type of trial only to get down to the court and maybe being reset, have to come back on another day at the judge’s convenience, spending more money and time and not getting a result and not having the control that you would have over your life and your children and your finances. Ramos Law Group, PLLC, your family law team of experts.
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