No one walks into marriage expecting to go through a divorce. But when relationships come to an end, the legal process that follows can feel overwhelming, especially when you’re faced with unfamiliar terms and big decisions. One of the first questions many clients ask us is, “Should I try mediation, or do I need to go to court?”
It’s a great question and an important one. While both mediation and litigation can lead to a decree ending a marriage, they look and feel very different. The path you choose can impact not just the outcome of your divorce, but how long it takes, how much it costs, and how emotionally difficult it becomes.
What Is Divorce Mediation?
Divorce mediation is a structured, cooperative process that helps couples work through the terms of their divorce together without going to court. Instead of battling it out in front of a judge, you and your spouse sit down with a neutral third-party mediator, who guides the conversation and helps you reach agreements on important issues like child custody, property division, alimony, and child support.
The goal of mediation is to resolve your divorce fairly, respectfully, and outside of the courtroom. And in Utah, attempting mediation is not just an option, it’s often required. In most contested divorce cases, couples must attempt mediation before a trial date is scheduled.
Mediation puts the control in your hands. You and your spouse, not a judge, make the final decisions. The process is confidential, meaning your conversations aren’t part of the public record. And because mediation avoids many of the formalities and delays of court, it’s usually much faster and far less expensive than litigation.
Of course, mediation only works if both parties are willing to engage in good faith. If you and your spouse are able to communicate (even if you don’t always agree) and are open to compromise, mediation can be a powerful way to resolve your divorce with dignity and less stress.
What Is Divorce Litigation?
Litigation is what most people think of when they picture a divorce: court hearings, attorneys arguing back and forth, and a judge making the final call. You follow a more traditional legal route by filing motions, exchanging evidence, and, if you can’t reach an agreement, taking your case to trial.
People often turn to divorce litigation when communication breaks down or trust is already severely damaged. If your spouse is hiding assets, refusing to cooperate, or engaging in manipulative or abusive behavior, mediation may not be appropriate or safe. In these cases, a judge ensures that decisions are fair and that the law is enforced.
While litigation gives you the chance to present your case formally, it also comes with drawbacks. It’s usually more expensive, more time-consuming, and more emotionally draining than mediation. Court proceedings are also public, so the details of your divorce may become part of the public record.
Still, for some couples, litigation is the only realistic option. And when handled by a skilled attorney, it can be the most effective way to protect your rights and secure a just outcome.
So, Which One Is Right for You?
The decision between mediation and litigation isn’t always black and white. Every divorce is different, and the best path forward depends on the dynamics of your relationship, the complexity of your finances, and your ability to communicate with your spouse. In most cases, you will do a little of both. Starting mediation early can save everyone time and money, leaving the attorneys to finalize and file a stipulated decree. Sometimes doing mediation after a little bit of litigation is better since both sides will have more realistic expectations after seeing the court’s approach to the case.
Mediation might be a good choice if:
- You want to save money and avoid arguing in court.
- You and your spouse commit to being respectful and cooperative.
- You want more privacy and control over the outcome.
- You focus on minimizing conflict, especially if you have kids.
Litigation may be the better option if:
- One spouse is unwilling to negotiate reasonably or participate in mediation.
- There’s a history of domestic violence, manipulation, or dishonesty.
- You can’t resolve your serious disagreements on your own.
- You need a judge to enforce boundaries or legal protections.
Some couples begin with mediation but later turn to litigation when they hit a roadblock. Others use a mix of both, resolving some issues outside of court while litigating others. The key is having the right legal support to help you understand your rights, evaluate your options, and make strategic choices based on your goals.
Let Christensen Law Help You Navigate the Process
Whether your divorce is straightforward or complicated, cooperative or high-conflict, you don’t have to go through it alone. At Christensen Law, we help Utah families navigate divorce with confidence, whether that means guiding you through mediation or standing by your side in court.
If you’re ready to take the next step or just want to explore your options, schedule a consultation today. We’re here to help you move forward on your terms.
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