Protecting Your Interest In Family Law Matters

3 issues that could make mediation a smart divorce option

On Behalf of | Feb 27, 2025 | Divorce |

Some people use a scorched-earth approach as they prepare for divorce. Their emotions are so intense that they lash out at their spouses and fight over everything. This approach not only causes further damage to the dynamic between the spouses but can also result in a more expensive divorce in the long run.

Those looking for an alternative to contentious divorce litigation may want to consider mediation. Mediation involves working with a neutral third party who hears both sides of the situation. The spouses work to compromise about how to divide marital property and parental responsibilities.

Spouses in a broad assortment of different situations might benefit from pursuing mediation instead of a litigated divorce. The following circumstances might make mediation a particularly viable option.

Substance abuse issues

Alcohol abuse is relatively common. Many people in high-stress professions unwind with a drink after work. That may snowball into uncontrolled and irresponsible levels of alcohol consumption. Other times, one spouse might abuse drugs. They might become dependent on prescription medication or develop a habit involving outright illegal substances. Spouses may need to account for inappropriate financial activity related to substance abuse or how substance abuse could affect parenting when they negotiate divorce terms. Doing so in a confidential mediation setting allows them to preserve the privacy of both spouses instead of making substance abuse allegations part of the public record.

Infidelity

When one spouse discovers that the other has cheated, they may quickly determine that they want to leave the marital relationship. It is hard to stay with someone who violated the sanctity of the marital relationship. Allegations of adultery can affect a professional’s reputation. They can also have major implications for parent-child relationships. Sometimes, divorcing spouses decide to address infidelity in mediation so that the children and members of the community don’t learn about the affair.

Children with special needs

Privacy considerations aren’t the only reason to choose mediation during divorce. For some spouses, the need to secure a particular outcome could inspire the spouses to mediate instead of litigating. When parents have children with special needs, it can be very difficult to convey the unique challenges and requirements involved in caring for that child. Parents who need to develop a highly-customized parenting plan may benefit from working cooperatively in mediation instead of litigating their divorce disputes.

Proposing divorce mediation can be a smart move for spouses in an assortment of different, challenging situations. Successful divorce mediation can keep challenging issues private and may give spouses more control over their divorce outcome.