Contrary to popular belief, getting a divorce does not mean you need to go through the courts. In certain circumstances, alternative options such as mediation may be better. But how can you be sure divorce mediation is going to work for you?
There is no formula to determine whether you and your spouse will succeed at mediation. Sometimes, litigation is inevitable, but certain factors can help you figure out if it is worth a try.
There is no domestic violence
Divorce mediation requires several meetings involving you, your spouse, the mediator and lawyers. If there is a history of abuse in your marriage, this may not work out. It is difficult to have a cooperative process when there is a chance of one spouse agreeing to terms out of intimidation or fear. If there is no history of domestic violence, you may want to consider mediation.
Both of you are transparent about finances
Money and property easily can complicate a divorce. If you want your best chance of succeeding in mediation, you must be honest about finances and have confidence in your spouse to do the same. Both of you must provide the mediator with documents relating to bank accounts, retirement plans and debts. If either of you hides assets, it will serve as a burdensome complexity.
You agree to put the kids first
One of the most difficult aspects of a divorce is often child custody and visitation. If you want to mediate your divorce, both of you must be willing to put aside your differences and personal desires for what is best for the children. Mediation provides you with an opportunity to cooperate with your spouse on who should provide daily care for your children, who provides child support and how much visitation the other parent gets. As long as you both put your kids above your own wants, mediation may work.