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Divorce mediation may be your key to a smoother marital breakup

On Behalf of | Mar 16, 2018 | Divorce |

You and your spouse are ready to dissolve your marriage. However, the part you are not ready for is the fight you expect to ensue as soon as one of you files the divorce papers. However, the truth is that not every divorce has to involve a bitter fight between soon-to-be exes.

Thanks to divorce mediation, you no longer have to follow the conventional path of divorce litigation to work out your divorce’s terms in North Carolina. Here is a look at what mediation involves and why it might be right for you and your future ex-spouse.

How does divorce mediation work?

With mediation, you and your spouse agree to use a neutral third party, the mediator, to facilitate the resolution of your divorce disputes. The mediator will help you to communicate effectively with your spouse, promote understanding between both of you and focus on both of your best interests. The mediator will essentially seek innovative problem solving to guide you both in reaching your own agreement. The goal of mediation is for you and your future ex-spouse to create a mutually satisfactory, equitable and legally sound divorce agreement.

What are the benefits of divorce mediation?

One of the major benefits of divorce mediation is that it can help to minimize hostility as well as controversy following your marital dissolution. This is especially invaluable if you will have to continue to interact with your ex-spouse following your divorce. For example, if you have children, you may have to communicate regularly with the other party — your co-parent — to make decisions regarding your children.

Another major benefit of divorce mediation is that you can avoid the cost and trauma often associated with litigation. In addition, you can keep what you discuss in mediation private, something that does not happen during litigation. If you go to trial to resolve your divorce issues, all that you discuss will become a part of the public record, which anybody may be able to legally access.

What happens if mediation does not work?

If you and your future ex-spouse cannot resolve your divorce issues with the help of a mediator, you have no choice but to go to trial. At trial, a judge will end up deciding for you what will happen to your assets as well as how matters such as spousal maintenance will be handled. In this situation, just as in divorce mediation, you have the right to pursue the most personally favorable outcome possible given the circumstances surrounding your marital breakup.