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Stressful high-conflict divorce: far from an inevitable process

| Feb 22, 2021 | Divorce |

Some North Carolina marriages simply can’t endure.

Maybe yours is one of them. Many couples across the state make good-faith efforts to forge enduring unions, but reality doesn’t always allow for that outcome. Relationships sour. Material incompatibility sometimes emerges after a time. Unfixable problems can trace to sheer financial challenges, infidelity, domestic violence, substance abuse or a host of other sources.

When that is the case, ending a problematic marriage can be a commonsense call that promotes the well-being of both spouses and provides for a post-divorce fresh start.

How does one optimally engage the divorce process? Many individuals believe that expensive, time-consuming and stressful litigation played out in court under the oversight of a judge is virtually the only route provided for ending a failed marriage.

Candidly, that is a misconception. Although so-called “adversarial litigation” is a common process featuring in decouplings marked by a high level of acrimony and conflict, it is far from being the only divorce forum.

In fact, many divorcing parties have one notably attractive alternative to court-litigated dissolution. One authoritative North Carolina family law source notes that a spouse invoking that option will “not have to battle over every detail of your divorce, pitting relative against relative and threatening the emotional stability of your children.”

Divorce mediation offers benefits for many splitting couples

Some impending exes have burned so many bridges that they have no option other than to resolve their differences via litigation in court.

Maybe you’re not one of those people, though, and can profitably consider mediated divorce as the preferred choice for ending your marriage.

“Mediation works well,” notes a recent national article on the process, “when you and your spouse can communicate respectfully and honestly.” The many distinct benefits conferred by divorce mediation centrally include these upsides:

  • Comparatively low-key and destressed atmosphere relative to the formal nature of judge-overseen litigation conducted in court
  • Often notable savings in time, money and effort
  • Enhanced autonomy exercised by participants over matters ranging from negotiation topics to scheduling
  • Involvement of a professional mediator (for many divorcing parties, optimally a proven family law attorney) playing a calm and impartial role in the process
  • Confidentiality at a higher level than what exists in a litigated divorce (public record shielding)
  • Purposefully dampened conflict and adversarialism promoting the post-divorce well-being of children

Divorce mediation is not for everyone, but it is a notably attractive option for many prospective divorcing parties. An experienced and empathetic family law legal team can provide further information.