There are numerous ways for married couples to manage the legal process of divorce. Some couples negotiate clear legal agreements before or during the marriage that then dictate the terms of a divorce. Others may find themselves disagreeing intensely about family matters as they prepare for divorce. Such cases often result in litigation.
However, it is theoretically possible for divorcing spouses to settle their disputes outside of court and proceed with an uncontested divorce. Mediation is one of the ways that couples move from disagreeing about divorce terms to an uncontested filing. Mediation is a cooperative process where spouses try to work together instead of fighting each other.
What are some of the signs that mediation could be the right approach to an upcoming divorce?
Limited or relatively minor disagreements
Perhaps spouses agree on the majority of the terms for their divorce but find themselves butting heads on certain details. Instead of having a judge resolve those conflicts, it may be a much more reasonable approach to try to settle those remaining disagreements in mediation. Spouses can start with what they agree on and then look for ways to compromise on the terms they don’t agree on yet. Those with only a few sources of conflict may find that mediation is a way to achieve an uncontested filing.
A desire for privacy
Maybe neither spouse wants to make formal disclosures about the extent of the marital estate and family court. Perhaps it is necessary to address certain types of misconduct to reach a fair outcome, but the spouses don’t want to air their grievances in open court. Couples who still disagree but want to preserve their privacy may find that mediation offers a confidential opportunity to settle things appropriately without exposing the family to unnecessary outside scrutiny.
A need to co-parent
The conflict that arises during litigated divorce can do lasting damage to the relationship between the spouses. That damage can become a major issue if they have children together. Co-parenting after months of protracted conflict can be very difficult. Couples who find ways to limit their disagreements during divorce often have an easier time cooperating afterward. They can also work on their dynamic so that amicably co-parenting is a realistic goal for their family.
Proposing divorce mediation can be a way for spouses to control the timeline, costs and outcome of an upcoming divorce. Many couples may find that mediation is a better option than trying to litigate their divorce disagreements.
