Most Alabama divorces resolve without a trial. Mediation—a confidential meeting with a neutral mediator—helps spouses negotiate property, support, and parenting plans. But some cases need a judge to decide. Understanding the pros and cons of each path will help you choose wisely and prepare well.
Why Mediation Works for Many Families
- Confidential: Offers can’t be used later in court.
- Control: You and your spouse craft the outcome.
- Speed & cost: Usually faster and less expensive than trial.
- Creative solutions: Payment timing, holiday trades, school transitions.
What’s binding? You’ll sign a mediated settlement agreement; once accepted by the court, it becomes an order. If talks fail, you keep your trial rights.
When Trial Is Necessary
- Serious safety issues, addiction, or domestic violence.
- Hiding assets or dishonesty in disclosures.
- Deep credibility disputes that need witness testimony and judicial findings.
- Repeated non-compliance with temporary orders.
How to Prepare for Mediation
- List must-haves vs. trade-ables.
- Gather financials (tax returns, pay stubs, account statements, debt lists).
- For custody, draft proposed schedules and think through transportation, exchanges, and school calendars.
- Bring a working calculator for child support estimates under Rule 32.
- Keep the tone businesslike—focus on solutions, not blame.
What Trial Looks Like
- Discovery (documents, depositions), pretrial motions, and a hearing where both sides present evidence.
- Judge may appoint a guardian ad litem or order evaluations in contested custody cases.
- After closing arguments, the judge issues a final order. You’re bound by it unless you appeal (which is rare and complex).
Choosing the Right Path
Many cases use both: mediate what you can, try the rest. Ask your lawyer what judges in your county prefer. If resolution is possible, mediation saves time, stress, and money. If the facts demand it, trial provides structure and enforceability.
For help deciding—and for a preparation checklist tailored to your case—start at our Family Law page or Contact us to talk with an attorney.
Friendly reminder
This content is general information about Alabama family law. It isn’t legal advice for your specific situation. If you have a time-sensitive issue, please contact us right away so we can help.
