People often think of angry spouses facing off in family court when they picture divorce proceedings. The media loves to dramatize divorce as a contentious process in which spouses fight with one another.
While litigated divorces do serve an important purpose in scenarios where spouses truly cannot work together, litigation is not the only way to resolve marital issues. Couples typically also have the option of working together to pursue uncontested divorces or dissolution.
There are many alternative procedures available to those who want to avoid a litigated divorce. Divorce mediation has become a somewhat common solution for those who want to avoid litigation but do not yet agree on the terms of their divorce. The following are some scenarios in which spouses may want to consider mediation.
When they share high-value assets
Complex divorces involving costly marital property could theoretically lead to mediation. When the marital estate includes a business, real estate or other assets that affect the future financial stability of the spouses, leaving what happens with those assets to the discretion of a judge may not be the ideal solution. Spouses may want to set their property division terms. Couples who successfully mediate can divide their assets and debts according to their unique needs.
When they have young children
Minor children can easily be a source of contention in an Ohio divorce. Parents often fight over time with their children and the authority to make decisions about their lives. Unfortunately, the more parents fight about custody matters, the more damaging the divorce may be for their children. Many couples find that mediation is useful because it helps them resolve matters quickly without exposing their children to conflict or worsening the relationship they have with each other.
When they need to discuss sensitive issues
There are many private matters that can come into play during divorce negotiations. Maybe one spouse cheated and spent thousands of dollars on hotel rooms and fancy dinners while conducting an affair. Maybe an issue with addiction led to money wasted purchasing substances or gambling. When there are issues that should influence the terms of a divorce but couples don’t want those details to become public record, mediation can be a safe and confidential space where they discuss those matters and potentially achieve a compromise that factors in those concerns.
Proposing divorce mediation as an alternative to litigation can be beneficial for those on the cusp of divorce in Ohio. Successful mediation may allow spouses to move forward with uncontested dissolution instead of litigating a divorce.