The choice to end marriage is never an easy one, and people often worry about the fallout of divorce proceedings. Some divorces turn into contentious battles between spouses where they fight bitterly with one another. That process can damage their reputations and their relationships with others.
Some couples choose to pursue divorce mediation instead of litigating. If mediation is successful, spouses proceed with an uncontested divorce filing. The following are some of the benefits of attending mediation to prepare for divorce instead of litigating instead.
Reduced interpersonal conflict
The goal of mediation is for spouses to cooperate with one another and compromise. Instead of viewing one another as opponents, which is often what happens during divorce litigation, spouses instead have to find ways to work together. This process can reduce the bad blood between them, as they don’t have to continue fighting until the courts officially end their marriage.
Less impact on shared children
Parental conflict is one of the most harmful elements of modern divorces. Children who witness intense fighting between their parents or hear them bad-mouthing each other regularly may struggle more with the divorce process than children not exposed to intense parental conflict. Mediation shields children from the worst aspects of divorce and lets parents have more control over custody decisions.
A confidential environment
Divorce litigation can often be a very intense and even embarrassing experience. Details shared by the spouses about the circumstances of their marriage are presented in open court, meaning that many people may hear. Additionally, information shared during divorce hearings becomes part of the public record and may be accessible to others indefinitely. Mediation is confidential, which makes it a valuable option for those who care about their privacy.
Control over property division terms
West Virginia family law judges have the discretion to create highly-customized rulings. The exact terms they set can be almost impossible to predict, making asset distribution a nerve-racking process for many. Those who successfully mediate have final control over the property division process.
Lower stress levels
Getting ready to testify in court and gathering adequate evidence to convince a judge of key marital details can be incredibly stressful. People may spend months feeling anxious and poring over paperwork to prepare for trial. Mediation also requires preparation, but it is often much less stressful because it is a collaborative process instead of an adversarial one.
Considering divorce mediation as an alternative to litigation can be a good choice for those with children or valuable personal resources. Spouses who mediate may ultimately enjoy a calmer and more controlled divorce process than those who litigate.