If you and your spouse are struggling to resolve your disagreements, you might be heading toward a contested divorce. In South Carolina, the law requires you to resolve these disputes through mediation. This process aims to help you and your spouse find solutions when you both can’t agree on key issues, such as child custody, division of assets, alimony and other related concerns.
Working toward mutually acceptable terms
In a regular divorce, each person’s lawyer typically handles disagreements that come up while ending a marriage, often leading to a court case if the parties can’t agree. However, it differs in mediation. During this process, both parties will work with a mediator to resolve the terms of the divorce. So, if you both can’t agree on child custody arrangements, the mediator can guide the discussion, considering factors such as:
- The child’s needs
- The child’s relationship with each parent
- The stability of each parent’s home environment
- The child’s wishes, if they’re old enough to express them
- Each parent’s ability to meet the child’s educational and social needs
The mediator doesn’t make decisions but helps both parties find common ground. It’s likely that, had the state not mandated such a method, many couples would remain stuck in conflict, potentially leading to a drawn-out and costly court battle. Therefore, this mediation requirement promotes more amicable resolutions and a more efficient divorce process for divorcing couples.
Mediators aim to help move you toward a resolution
Once you have reached an agreement, the mediator drafts a settlement for the court’s approval. It’s crucial to have this agreement reviewed by an independent attorney before signing it to ensure it aligns with your best interests. Considering you’ll be tackling family law issues in your mediation, you might benefit from choosing a mediator before the court does. This proactive approach can ensure that you have a good rapport with the mediator, which can facilitate better communication and a smoother process overall.
