There are many different ways to pursue a divorce. Some couples have an easy path ahead because they have already set terms. A marital contract such as a prenuptial agreement can establish guidelines for property division and financial support.
Without a pre-existing agreement, spouses have to settle their conflicts or prepare for litigation. Before accepting the necessity of litigation, couples often attempt alternative dispute resolution. Mediation is a popular tool among couples who prefer to pursue an uncontested divorce. The following are some of the more common reasons people choose mediation over traditional divorce litigation.
A desire for privacy
Divorce often requires couples to discuss very private matters in what is essentially a public setting. Concerns about substance abuse might influence custody decisions, for example. The funds spent on an extramarital affair could potentially influence property division matters. Those who have to discuss issues related to marital misconduct may want to do so within the confidential setting of mediation rather than discussing the matters publicly in family court.
A need for specific terms
Maybe the spouses ran a company together and only one of them is capable of maintaining the business after the divorce. Perhaps they share children with special needs who require very specific custody arrangements. In scenarios wherein giving control over the final terms of a divorce to a judge could be problematic, attending mediation together can be a better solution. Couples have an opportunity to resolve their disputes while still focusing on the terms that matter the most to them. They have final control over the terms that they said if they reach a settlement in mediation.
A wish to keep costs low
Litigating a divorce is often quite expensive. The time spent in court is the most expensive component of any divorce. While mediation may require the efforts of both spouses’ attorneys and a neutral mediator, the cost of completing mediation is often lower than litigating the same matters in family court. When spouses need to control the cost of a divorce, mediation is one way to achieve that goal. Reduced conflict and less pressure on the children in the family are other common reasons why people choose mediation over litigation.
Exploring alternative solutions for an Indiana divorce, including divorce mediation, can be a worthwhile undertaking. Spouses who mediate have control over the terms set and can potentially limit the conflict caused by their divorce proceedings.