When a marriage ends, one of the first questions people ask is whether they will end up in a courtroom. The answer isn’t always simple. Your divorce path depends on your finances, custody issues, and your openness to negotiating with your spouse.
Regardless of whether you choose to pursue mediation prior to litigation or dive straight into litigation, you should consult a divorce attorney in Maryland to help you assess the legal and financial risks of your specific case.
At Brodsky Renehan Pearlstein & Bouquet, we prepare every case as if it is going to trial while always looking for the best possible settlement for our clients.
The Role of Divorce Mediation in Maryland
Mediation is a form of Alternative Dispute Resolution (ADR) where a neutral third party helps the spouses reach a voluntary agreement on issues such as property division, alimony, and custody.
It’s a misconception that mediation must be concluded prior to initiating litigation. Rather, mediation can be pursued at any time until a final divorce merits trial. Further, under Maryland Rule 17-202, Circuit Courts frequently mandate Alternative Dispute Resolution (ADR) for cases involving child access disputes.
While the court may mandate a party’s attendance at mediation, it cannot mandate the parties to settle and reach an agreement. A sophisticated divorce attorney in Maryland guarantees that you enter these mediation sessions with clear settlement goals and objectives. An attorney can also help you to brief the mediator prior to such a mediation session, to ensure that the mediator understands your case from the outset. When approached strategically, mediation offers three primary advantages:
- Confidentiality: Mediation differs from a trial, which is a matter of public record, in that it is conducted in private. Thereby safeguarding your family’s sensitive financial and personal information.
- Creative Control: The parties have the authority to develop innovative solutions for the allocation of assets that a judge may not be authorized to order.
- Cost and Efficiency: Mediation is more cost-effective than a trial if you reach a resolution.
Divorce Litigation: When the Courtroom is Necessary
While mediation offers an effective path towards a resolution, it is not a universal solution. The formal court system remains essential in several critical scenarios.
Divorce litigation becomes necessary when:
- High-Conflict Financial Disputes: Formal discovery mechanisms are needed to gauge a more accurate and complete understanding of a party’s assets or positions. This is especially key in cases where a party may be trying to hide assets or relevant information.
- Domestic Violence or Imbalance of Power: Mediation becomes dangerous for victims in situations where abuse or severe intimidation occurs.
- Non-Negotiable Positions: In the event a party takes an extreme position, the Court may be the only option in reaching a final resolution.
In such cases, you need a contested divorce attorney in Maryland. Litigation involves a sequence of formal events, from the initial filing of the Complaint for Divorce, to “Pendente Lite” hearings (temporary relief), and ultimately, the final merits trial.
The Strategic Necessity of Pendente Lite Litigation
One reason why an individual may want to initiate litigation proceedings prior to mediation in Maryland is the instant need for Pendente Lite relief. This Latin term means “pending the litigation” and is important for maintaining the status quo while the case works through the Court system.
If your spouse has cut off all access to joint bank accounts, is no longer paying the mortgage on the family home, or is withholding access to the children, it may not be practicable for you to wait for mediation to be scheduled.
If litigation is initiated, your attorney can request a Pendente Lite hearing, wherein a Court can address temporary, interim relief for issues such as financial support and custody.
In Mediation
An attorney at Brodsky, Renehan, Pearlstein & Bouquet can help you review all proposed agreements and settlement terms to ensure that your interests are protected.
In Litigation
Our attorneys have significant experience in and out of the courtroom, enabling us to recognize the specific needs and court procedures that judges throughout the state require.
We ensure your case is presented with the technical precision required for high-stakes disputes.
Making the Right Choice for Your Future
The choice between mediation and litigation is more than a procedural preference; it is a strategic decision on how best to protect your financial interests and your family’s future. For some, mediation provides the best foundation for a spouse’s financial future or parents’ future co-parenting relationship. For others, obtaining a formal court order through divorce litigation in Maryland is the best route to a resolution.
As contested divorce attorneys, our priority is to provide the objective, creative, and fierce representation you need to navigate either path successfully.
Contact Brodsky Renehan Pearlstein & Bouquet today for a confidential case evaluation to determine the most strategic path forward for your situation.
