Couples preparing for divorce often expect to face intense conflict. Frequently, people assume that divorce requires litigation, especially if spouses find themselves disagreeing about how they should share their assets or responsibility for their children.
Litigated divorces are relatively common. Many people find that the intense emotions that accompany the end of a marriage overpower their rational perception and drive increased levels of conflict. However, preparing for divorce does not automatically mean that people must fight in family court over access to their children and the distribution of their property. Some spouses can resolve their disagreements before they go to court by attending pre-trial mediation. For example, the following situations might signal that mediation is the best solution for a family.
Shared children
The division of parenting time and parental responsibilities can quickly become the most contentious component of a pending divorce. The more the adults in the family fight, the harder the divorce becomes for the children. High-conflict divorces can cause academic performance issues, mental health challenges and social withdrawal in children. Divorce mediation can drastically reduce the level of conflict in the divorce and therefore the stress the process causes for their children.
High-value assets
Perhaps the spouses have achieved surprising success in investing marital resources. They might have diverse financial holdings that prove quite challenging to value and divide. Maybe one of the spouses runs a business or has a professional practice as an accountant. Those assets can be a powerful incentive to settle divorce matters outside of court. Spouses can retain direct control over property division terms, which can prove crucial for those with businesses and other valuable marital resources.
Embarrassing marital issues
Another reason that people turn to divorce mediation is that there are marital issues that they believe should impact the outcome of the divorce. The courts are unlikely to consider spousal misconduct and other forms of fault when dividing property or setting custody rooms. Therefore, spouses may want to sit down in a confidential environment to discuss the matters that have plagued their relationship. Such discussions can lead to more appropriate divorce terms that both spouses agree are reasonable.
Divorce mediation, when successful, can minimize the cost of divorce and the risk of conflict between spouses. As such, understanding when mediation could be the right solution may benefit those preparing for the end of a marriage.