Spouses often begin the divorce process with strong feelings of anger toward one another. They may also have grief to deal with, which can compromise their ability to act rationally.
Some people like the idea of a litigated divorce because they expect a family law judge to vindicate them. However, the focus in most divorce matters is fairness. Judges rarely impose the kinds of terms that might help people feel like they achieved justice for the hardships they endured during a marriage.
Given that litigation is often disappointing and can also be quite costly, many spouses look into alternative dispute resolution options as they prepare for divorce. Mediation can allow spouses to file an uncontested divorce.
What are some of the scenarios that make divorce mediation potentially the best option available?
Shared minor children
When spouses are also parents, their divorce has an impact on many other people. Children who witness high levels of conflict during divorce often experience more negative consequences. They may have longer-lasting mental health challenges or a more noticeable decline in academic performance. Parents can limit how much conflict their children witness and how much pressure they experience during a divorce by agreeing to mediate everything and work together.
Concerning behavioral matters
Typically, the courts give very little weight to allegations of misconduct. However, issues ranging from compulsive shopping to alcohol abuse and adultery can impact the best way to address various issues in a divorce. Spouses may not necessarily want to talk about those private issues in a court setting where everything becomes public record. Mediation is a confidential process. Spouses can talk about their concerning private matters without worrying about exposing themselves to public scrutiny.
Unusual assets or circumstances
Perhaps the spouses developed a business together or purchased multiple pieces of investment real estate. Maybe they have already committed to providing mutual support for their aging parents or want to try a birdnesting custody arrangement because they have a child with special needs. When spouses have unusual complicating factors present in their divorces, judges may not be able to establish terms that actually work well for the family. In cases where spouses need specific terms for property division, custody or financial support, working cooperatively instead of litigating is often the best way to achieve those goals.
Learning more about divorce mediation can help people reduce the conflict that they experience and have enhanced control over the outcome of the process. Mediation can help people in a wide range of circumstances divorce with dignity.
