Many people think of divorce as being synonymous with litigation. Individuals expect to go to family court to resolve disagreements about custody matters, property division and financial support at the end of a marriage.
Technically, every divorce has to go through the family courts. A judge must approve terms and finalize the divorce even in scenarios where spouses cooperate with one another. However, litigation or contested divorce is not mandatory.
Spouses can always try to settle matters on their own. Mediation is one of the tools that can facilitate an uncontested divorce. Spouses in mediation sit down and discuss ways in which they can cooperate during a divorce. What are some of the reasons why spouses may decide to attend mediation and work toward an uncontested divorce?
1. For the sake of expediency
Litigated divorces tend to take much more time than uncontested divorces. People have to wait for a hearing in front of the judge. They have to gather and review evidence and then present information about their circumstances to a judge.
They must then wait for the judge to enter a final ruling after hearing about family circumstances. Mediation can be much faster. Spouses can resolve their own disagreements and then simply need to wait for a judge to approve the terms that they set and grant them a divorce.
2. For enhanced personal privacy
Divorce litigation requires many public disclosures about marital circumstances. Spouses have to provide in-depth information about their finances to the courts. They may even end up making allegations of misconduct in cases where there are disagreements about custody or financial support matters.
Divorcing spouses can theoretically address those same issues in the privacy of mediation without their financial records and allegations becoming public record. In cases where spouses need to address specific issues but do not want to do so in a public setting, mediation can be a reasonable option due to the rules making the process confidential.
3. For the protection of their children
Parents often find the idea of mediation more appealing than those who can make a clean break through divorce. When spouses have to share custody of their children after divorce, they may need to find effective strategies for cooperating.
Mediation can help divorcing spouses practice conflict resolution and communication skills. Approaching divorce in a cooperative manner instead of an adversarial one can also be beneficial for those who have to work together as co-parents after the divorce.
Attending divorce mediation can help give spouses more control over their divorces and may reduce the overall degree of conflict. Divorce mediation has become a popular litigation alternative because it offers a host of benefits for couples.
