If you have considered getting a divorce, you may have heard “mediated divorce” used before. If you aren’t sure what that means, you could
also be confused as to what makes it different from a “regular divorce”.
Our Irvine mediation attorney explains what you need to know about the
process and how it can be beneficial.
What Is Mediation?
The divorce process can be broken into different categories: contested
divorce and uncontested divorce. The contested divorce process is structured
to guide a couple that cannot agree on the terms of their divorce, whether
it’s just one factor or all of them. Many couples that just can’t
agree need the assistance of the court or a judge to provide a final ruling
on matters like child custody and alimony. But, when a couple is able
to agree on the terms of their divorce or is able to reach a compromise
through discussion, their divorce process is considered uncontested. The
discussions in which a couple reaches these compromises is called mediation.
Will Mediation Work for You?
Because mediation encourages discussion and compromise, many couples who
would like to end their marriage on amicable terms opt for the uncontested
divorce process. But how can you determine if mediation is the best choice
for you and your spouse?
If you can relate to most of the following statements, you have a higher
chance of finding success through mediation:
- The decision and desire for the divorce is mutual
- There are no desires to fix or save the marriage
- Staying on good terms with your spouse is a priority
- There is no ill will towards your spouse
- You are not intimidated by your spouse
- Physical violence or manipulation was not an issue in your relationship
- Your spouse is a good parent
If you and your spouse can relate to most of these terms, mediation is
a good avenue to pursue your divorce through. Not every marriage has to
end on bad terms.
Contact our Irvine mediation lawyer today if you have any questions about the mediation process and whether
or not it can work for you and your spouse.