Occasionally, spouses have already laid the groundwork for an amicable divorce before their marriage hits a rough patch. The spouses may have signed a prenuptial or postnuptial agreement clearly outlining what should happen.
Most couples have to settle divorce issues when they make the decision to end the marriage. It can be difficult to cooperate with a spouse when the relationship between the two people is likely at its worst point. Many people struggle and may then end up litigating their disagreements in family court.
In recent years, it has become far more common for people to attend divorce mediation when they decide to end a marriage. Any divorcing couple might theoretically decide to attend mediation sessions, but the three scenarios below are among the most common reasons that people agree to work together.
The need to parent cooperatively
Divorce litigation often involves scorched-earth tactics. People become incredibly aggressive and air their dirty laundry while fighting over divorce terms. That can be a problematic approach if they need to co-parent later. High levels of conflict can prove devastating for the children and the family and can make it much more difficult for parents to share custody. Mediation allows parents to work together and avoid worsening their already damaged relationship during divorce.
Concerns about public exposure
Perhaps one of the spouses is on track for a major promotion at work, but a scandal could cost them this upcoming opportunity. Maybe the spouses belong to a conservative religion or culture but need to discuss private matters that might shock members of their community. There are many reasons why people may want to preserve their privacy during divorce. Those interested in keeping their divorce proceedings confidential may opt for mediation because they can discuss personal matters in a confidential setting.
Enhanced control
Maybe the couple has a child with special needs who requires unique custody terms. Maybe the marital estate includes a vast investment portfolio or a professional practice. Sometimes, there are certain terms that spouses cannot compromise on when they divorce. In such scenarios, divorce mediation can provide an opportunity to control the outcome. So long as spouses reach an agreement and sign a binding contract at the end of the mediation process, they can set the terms for their uncontested divorce filing.
Spouses may ultimately find that they can end their marriage more quickly and also with fewer court expenses if they successfully complete divorce mediation. Exploring alternatives to contested divorce, including divorce mediation, can help people achieve their goals during divorce and move on more rapidly afterward.