Divorce is synonymous with family court proceedings. People must involve the judicial system to legally end a marital relationship. Thankfully, it is not automatically necessary to litigate the terms of a divorce. Spouses generally have the option of working with one another as they prepare for divorce. Mediation is a common way for couples to cooperate during divorce proceedings.
Why do many spouses spend time and money trying to work with one another either before going to court, or in the hopes of avoiding contentious court proceedings entirely?
1. A need for privacy
Divorce litigation requires financial disclosures and the presentation of evidence about matters that could influence custody or property division. People may have to expose very personal and private matters during divorce, and mediation keeps those details confidential instead of making them part of the public record.
2. Concerns about conflict
Maybe the spouses own a business together and intend to continue working cooperatively after divorce. Perhaps they have young children and must co-parent. Mediation encourages cooperation and can minimize the conflict that arises during the divorce process.
3. The ability to set terms
In a contested or litigated divorce, a judge makes all of the decisions for the family. They decide how to split marital property between the spouses and what parenting arrangements are appropriate. When people have clear goals for divorce and require specific terms to rebuild their lives afterward, mediation gives them the control to push for the terms they require.
Mediation can also be faster than waiting to present a contested divorce case in family court. Less time in court also generally translates to fewer divorce expenses. Discussing divorce mediation with a skilled legal team can help spouses take control of their divorce proceedings. Those preparing for divorce may want to learn about the law and about the different ways to approach the process in order to make more informed decisions accordingly.