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Once you’ve decided to move forward with a divorce, the next critical decision is how to get there. One of the first and most important decisions you will make is whether to file for divorce and start litigation or pursue a more amicable route through mediation. This choice shapes nearly everything that follows — the cost, the timeline, the level of conflict, and ultimately, how much control you retain over the outcome. There is no one-size-fits-all answer; the right path depends on your specific circumstances, your relationship with your spouse, and what you’re hoping to achieve. Understanding the differences between these approaches — and how to choose wisely — is one of the most consequential decisions you’ll make in the divorce process.
The term “divorce litigation” generally refers to the process of resolving your divorce through the Court system. This process starts by filing a Complaint for Divorce which opens a formal Court case. The Complaint for Divorce must be filed in the appropriate Court for the county in which you or your spouse reside. The Complaint should also articulate the grounds for divorce (the basis upon which you are seeking the divorce) and the relief that you are asking the Court to grant.
Under the right circumstances, initiating divorce litigation can have many benefits. If your spouse has been unwilling to cooperate with you on coming to an agreement or you are otherwise unable to reach an agreement with your spouse, filing for divorce gives you the power to seek a divorce without depending on your spouse’s cooperation. Also, by opening a divorce case, you can pursue discovery and obtain important information for your case. An attorney can draft proper discovery requests and issue subpoenas in order to obtain documents and other information.
When filing for divorce, it is also important to consider the timeline for obtaining a divorce. Depending on the complexity of your case and the county in which your divorce is being litigated, your divorce case may take 6 – 12 months or even longer. If you are eager to get divorced, it may make sense to initiate divorce litigation as soon as possible, understanding that the divorce will take some time to obtain.
The term “divorce mediation” generally refers to an out-of-Court dispute resolution process by which the parties attempt to resolve their differences amicably. Typically, divorce mediation involves both parties, their attorneys and a neutral mediator. The mediator’s role is to help the parties find common ground or compromise on issues which the parties disagree on.
Divorce mediation can occur both before either party has filed for divorce or during the divorce case itself. If neither you nor your spouse have filed for divorce, divorce mediation can be a productive avenue for resolving your divorce issues amicably while avoiding the inherently contentious nature of divorce litigation. However, unless the parties have been ordered by a Court to attend mediation, the divorce mediation process is entirely voluntary. This means that it takes the cooperation and effort of both parties to resolve their disagreements. If one party is unable or unwilling to compromise on areas of disagreement, the divorce mediation process may not be productive.
Once a divorce case is started, there are usually many opportunities for the parties to resolve their disagreements without having the Court decide. Although divorce litigation may have been initiated, the Court may require both parties to attend mediation with a private or Court-appointed mediator. Keep in mind that many divorce cases begin in a very contested fashion but ultimately resolve through the mediation process.
If you’re facing a divorce in Maryland and trying to figure out what approach is right for you, it’s wise to consult with an experienced divorce attorney. The Greenberg Legal Group (https://greenberglegalgrouppa.com/) represents clients in complex divorce and custody matters. Our firm is located in King of Prussia and practices in Courts throughout the State of Pennsylvania. Please contact our office for further assistance.
