Comparing the High Cost of Litigated Divorce vs. Mediated Divorce

Many unhappy married couples are forced to stay together because of the high cost of divorce. If you haven’t been through a divorce before, you may be discouraged after finding out that hiring a lawyer and going through the divorce process in court can cost many thousands of dollars. This is in addition to the money you might lose by having to pay alimony or splitting your assets. If you’ve already endured a divorce, considering another one might be overwhelming. Isn’t there a way to get through this type of stressful and expensive event without going bankrupt?

It’s common knowledge that employing two separate adversarial lawyers can cost a lot of money. This is true even for clients who only spend a minimum amount of time with their lawyer. Divorces are especially challenging for those with financial constraints, because divorce disputes can take many meetings and other involvements with a lawyer, and even more time in the courtroom. When all is said and done, a typical litigated divorce can add up to more than $10,000 for each spouse. Not surprisingly, this is a prohibitive and unaffordable option for many divorcing couples.

In addition to the monetary impact, a divorce can be very costly in terms of time and emotional turmoil. When divorcing couples are unable to reach an agreement without the help of a judge, their divorce can drag on for months or even years. This, of course, often leads to a great deal of heartache and stress. In fact, psychological experts say that divorce is one of the most stressful events a person can go through during their lifetime – ranking at the top of the list near the death of a loved one or a serious illness. If you are spending a great deal of time dealing with your divorce, you might also end up having to take time off work. It is also not uncommon for people to need therapy, medication or other treatments to help them through the emotional stress and strain of a divorce. This brings the problem back around to a divorce’s financial impact.

On the other hand, mediation can cost a fraction of what it costs to get a divorce the traditional way. During mediation, a mediator will attempt to help you and your spouse reach agreements without needing a lawyer or courtroom. Divorce mediators are neutral, unlike lawyers, who are usually biased toward their clients and unwilling to compromise in order to reduce conflict and cost. You will also learn valuable negotiation techniques during mediation, which can help you in future dealings with your ex-spouse and others.

It follows, therefore, that with the alternative dispute resolution option of mediation, you have several opportunities that don’t exist if you were to litigate. You will have the chance to end your marriage with minimal cost and stress, and also with the best chance of having an amicable relationship with your ex-spouse and any of your children.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster