When couples divorce the issues that are typically addressed in a divorce action are:

• child support
• custody and visitation
• spousal support
• equitable distribution of property

Typically, a divorce is proceeded by a separation. The Court, or the parties through Mediation, must determine how the family will be supported after the parents have separated.

Obviously, it is more expensive to support two households than one. It is the initial separation period that usually provides the most conflict and emotional difficulties for the parties.

This is a perfect time for the parties to engage in Mediation to resolve these issues, rather than using the adversarial legal system.

Mediation Is Better

Litigation is costly. Divorcing couples each pay lawyers to sit around in court waiting for motions to be heard. You pay for their preparation time, including phone calls to and from you. And you pay for court time and witness fees arguing and appealing any lost motions.

In the meantime, you are not in control of the court times in which your presence may be required or in the result.

Your negative feelings towards the other parent of your children will likely escalate. The anxiety engendered in your apprehensive children may worsen accordingly. (Even very young children are said to sense when their parents' court dates are scheduled.)

Litigation may drag on for years before a final judgment is rendered. Then there may be extensive post-judgment motions for enforcement of court orders and/or modification.