The phrase “divorce proceedings” might bring a lot of images to mind. Maybe you picture two people sitting at a conference table, arguing over who gets what. You might imagine a couple on different sides of the courtroom, waiting for the judge to decide how the money is split. Or, maybe you just think of a few lawyers sending emails back and forth to discuss how to divide assets.

Any of these scenarios are possible; every divorce looks different. It could be tense, awkward, or straightforward, depending on the circumstances. Despite the differences of each individual’s experience, there are two main ways that divorce happens: mediation or litigation.

The picture that comes to mind for your own divorce will likely be shaped by which path you follow. Let’s break down what both of these processes look like in Michigan.

Mediation

If divorcing spouses are looking for a collaborative process that reaches a mutual understanding, mediation might be the best way forward for them. Mediation uses a neutral third party to help both people resolve disputes without the direct involvement of separate attorney representation at the table.

This process fosters cooperation and considers every part of the divorce, including asset division and child custody. The mediator, as that uninvolved third party, will identify issues, discuss compromises, and provide solutions to address concerns from both parties. Once the divorcing couple has come to an agreement, the mediator will draft a written document to outline the final terms.

• Note that even with mediation, the final settlement agreement still needs to be submitted to a court, and a judge must issue the final divorce decree.

Mediation may suit some couples better than others. In instances where the spouses are more amicable than not, or if there are fewer significant assets or business interests, mediation may be a better choice. It also allows the parties to maintain control over the divorce proceedings rather than have a judge impose deadlines on decisions. However, there are many times when mediation will not be the best option, which is where litigation comes in.

Litigation

A litigated divorce happens when the spouses can’t agree on how to resolve their issues, especially regarding child support, alimony, or division of assets. One person will file a divorce complaint, which then asks the court to step in and make these decisions for them.

Michigan is a non-fault divorce state, so the courts must proceed with the divorce after one spouse has filed. Courts start with a 50/50 property distribution, but will deviate from this due to fault, income disparity, health, length of marriage, or any other factor they find relevant.

Litigation may be preferred if there are complex issues or high levels of conflict in the spousal relationship. Additionally, in cases involving domestic violence or other safety concerns, litigation provides a safer option in divorce proceedings.

How do I decide?

If your marriage is nearing divorce, and you want to make the best decision for your family on whether to go with mediation or litigation, ask yourself a few questions:

• Is this a relatively amicable ending to your marriage?
• Do you have high value assets or business interest to consider?
• Are you hoping to resolve this divorce as quickly as possible?
• As you head into divorce proceedings, is safety a concern?

Once you know the answer to these questions, reach out to a qualified attorney. The team at Striegle Law has experience with both mediation and litigation can help you understand your options. Schedule your free consultation today.