Going through a divorce can be challenging, but the approach to resolving conflict can make all the difference. Couples who get divorced in Lincoln, Nebraska, typically have two options: mediation or litigation. Mediation and litigation are two distinct approaches to divorce that can help a couple resolve issues such as property division, child custody, parenting time, and support.
However, they are also very different in many ways. It is vital to understand the pros and cons of mediation and litigation in divorce cases so you can choose the option that protects your interests while also alleviating stress.
About Stange Law Firm
At Stange Law Firm, we guide people through divorce, custody, and paternity cases, as well as post-decree issues, with clarity and compassion. We are located near the Lancaster County Courthouse to efficiently file papers, attend hearings, and advocate on your behalf throughout your case. We are here to give you practical advice, strong representation, and customized solutions that protect your future.
Relevant Nebraska Laws Regarding Divorce
Nebraska divorcing couples have several matters to address in their divorce. You have some control over how each of these issues is decided based on your choice of mediation or litigation. Custody, for instance, is awarded according to the best interests of the child in Neb. Rev. Stat. § 42-364.
Many courts, like Lancaster County’s, strongly encourage mediation of parenting plan issues, and it’s not uncommon for a court to order mediation before allowing a case to go to trial.
Nebraska is an equitable distribution state, meaning that a divorce settlement’s property and debts are divided equitably rather than equally. To do so, a court may consider any relevant factors, including each party’s contributions to the marriage, earning capacities, and economic circumstances. The marriage rate in Nebraska is 5.3 per 1,000, while the divorce rate is 2.6 per 1,000.
Benefits of Mediation
Mediation is a process of divorce in which spouses and a trained third-party mediator meet to negotiate an agreement. Mediators do not render decisions or otherwise take sides during mediation.
Couples like mediation in Lincoln because it is private, flexible, and tends to be less stressful than a court battle. Mediation sessions often occur in a conference room or online, which can create a more relaxed atmosphere. While mediation can be beneficial for many couples, there are some situations where it may not be appropriate. This includes the following situations:
- A history of abuse or domestic violence
- One spouse is being dishonest about assets or debts
- The two spouses have extreme contention with each other
- The two cannot reach an agreement
Mediation is particularly helpful when spouses are willing to negotiate or try to reduce conflict for their children. Mediation is also usually more cost-effective than litigation, since it often involves fewer hours for attorneys and requires no court hearings.
Benefits of Litigation
Litigation is the divorce process that uses the court system to settle your issues. In this process, you and your spouse each have a lawyer, and if you are unable to settle on your own, the outcome will be determined by a judge.
Litigation is often time-consuming and expensive, and can become stressful and emotional. It should only be used when your spouse is being uncooperative, when there are substantial assets, or when you and your spouse have serious issues with which you cannot agree, such as with child custody or finances.
By involving the court, you can ensure that your spouse is forced to abide by Nebraska procedural rules and will not have more input into the outcome of your divorce than state law allows.
Which Option Is Most Appropriate?
The most appropriate approach depends on your particular circumstances. Mediation is probably a good fit if you value cooperation, flexibility, privacy, and saving money. Litigation is probably a good fit if your situation involves significant conflict, safety concerns, or financial or custody disputes. Many couples use a combination of both methods, opting for mediation first, then switching to litigation only for the issues they can’t agree upon.
FAQs
Q: Is Mediation Required in a Lincoln Divorce?
A: Courts in Nebraska, and many judges in Lancaster County, will order the parents to mediation if they cannot reach an agreement on a parenting plan. Mediation is not required for financial issues; however, many judges will encourage it because it avoids conflict and enables a couple to work through their differences more efficiently. It may also shorten the total time it takes to complete your divorce.
Q: Can I Bring My Attorney to Mediation?
A: Yes, in Nebraska, you are allowed to attend mediation with your attorney, or you may speak with your attorney before and after each mediation session. The attorney makes sure that any agreement you make is in your greatest interests and is consistent with Nebraska law. Many people choose to have legal representation throughout the mediation process, especially in more complicated divorces.
Q: What Happens if Mediation Fails?
A: If mediation is not successful, you can go to court. In that event, the mediator may file a report that mediation was unsuccessful. During mediation sessions, the mediator is prohibited from revealing any shared information. You and your attorney will prepare for a trial before a judge. The judge will rule on the remaining issues. Failing to reach an agreement in mediation does not hurt your legal case.
Q: How Do I Decide Between Mediation and Litigation?
A: The most appropriate choice depends on many factors, including how you and your spouse communicate, your financial disclosure and honesty, safety issues, and the complexity of your disputes. If you and your spouse can negotiate in good faith and with mutual respect, mediation will likely yield a quicker, more flexible resolution. If there is significant conflict, a power imbalance, or dishonesty, especially regarding finances, litigation may be the only option.
Contact Stange Law Firm Today
If you are going through a divorce in Lincoln, Nebraska, an attorney at Stange Law Firm can help you in mediation or litigation. Contact us today to speak to a representative.