Divorce often transpires after a lengthy period of marital degradation. The relationship between the spouses may have been unhealthy or frustrating for some time before either spouse decides to take action.
Those preparing for divorce often have intense emotions and desire vindication. They often think that going to court is the best way of getting the ideal outcome in their case. However, many couples can avoid the frustration and expense involved in a litigated divorce while limiting the uncertainty that people experience in such cases.
Divorce mediation is a good move for those in an assortment of different scenarios. For example, many couples attempt to resolve their disagreements in mediation for at least one of the three reasons below.
Concern about their children
Parents typically want to reduce the negative impact that their divorce might have on their children. Often, the best way to achieve that goal is to proactively minimize the conflict between the parents. Mediation does not pit spouses against one another in litigation but instead requires that they cooperate with each other net to work out arrangements that they both agree are appropriate. Divorce mediation can limit the conflict between parents, which can mitigate the worst aspects of divorce for the children in the family.
A desire for privacy
During divorce litigation, people have to make public disclosures of their marital resources and may also need to provide evidence about issues that affected their marital relationship. It may be crucial to address those issues to arrive at a fair property division settlement or to create custody arrangements that adequately protect the children in the family. People don’t have to publicly disclose their financial circumstances or the misconduct of their spouse if they settle matters in mediation. Only the final agreements that they reach would become part of the public record, allowing them to better preserve their privacy.
Better control over the outcome
A litigated divorce is inherently unpredictable because a judge must consider numerous factors when settling disputes between the spouses. In scenarios where people feel strongly about securing specific terms, such as control over certain marital assets or certain custody arrangements, spouses cannot reasonably predict what a judge might rule. Those who settle issues on their own can compromise on issues that they deem unimportant and prioritize achieving specific goals.
Spouses who understand the potential benefits of divorce mediation can better evaluate their options as they prepare for the end of a marriage. Seeking to amicably resolve marital disputes can be a reasonable option for some couples.