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How Should You Explain Non-Attorney Divorce Mediation To Your Spouse To Encourage Them To Try It?

19 June 2023

Norman Kelly

Non-attorney divorce mediation is a faster and less expensive alternative than litigating your divorce through a court battle. It can also help both parties get what they want out of the divorce, including how to share child custody and separate debts and assets. If your spouse has misconceptions about mediation or hasn't heard of it, however, it may be challenging to get them to agree to the process. If you feel that mediation is the best fit for your divorce, read on to learn how you can explain non-attorney divorce mediation to your spouse.

Divorce Mediation Isn't Relationship Counseling

Your spouse may have the misconception that mediation is like a form of marriage counseling that helps couples determine if divorce is the right move for them. If your spouse is the one who wants a divorce, they may think that you're trying to change their mind by suggesting mediation. However, this isn't true. Non-attorney divorce mediation is for couples who are committed to divorcing each other. It's simply an alternative for couples who want to avoid a lengthy courtroom battle during the divorce process.

Divorce Mediation Results in a Legally Binding Court Order

Your spouse may also be worried that mediation will result in an informal agreement that relies on both of you to uphold it in good faith. This isn't true, either. Your mediator helps you and your spouse come up with a divorce agreement that you're both comfortable with during the mediation process. Once it's finalized, it's sent to a judge in family court for approval. When a judge approves the agreement made during the mediation process, your marriage will be dissolved and you'll both be legally required to uphold it. It's the same outcome as going through the court system.

Divorce Mediation Doesn't Force You to Commit to Anything

There's no harm in trying non-attorney divorce mediation before litigation, even if that's the way that your spouse wants to handle the divorce. You and your spouse both need to consent to the divorce agreement before it's sent to a judge. You can't be forced into anything when you choose mediation as an alternative. When you go through the court system to get a divorce, the family judge will hear both of your arguments and write the agreement on their own.

By going through mediation first, your spouse has a chance to come up with a divorce agreement that they're happy with. By going through the courts, a judge will decide on how to divide assets, debts, and child custody, and your spouse may not get the result that they want.

While it can be difficult to get your spouse to agree to non-attorney divorce mediation when emotional tensions between the two of you are high, you can help bring them into mediation by focusing on its benefits over going through the court system. Your spouse won't be forced into an agreement that they dislike, and the result of mediation is the same legally binding result as going through the courts. Focusing on the fact that it's a quicker and less expensive alternative to litigation can help bring them into the mediation process, allowing you both to skip a lengthy court battle to finalize your divorce.

To learn more, contact a local non-attorney divorce mediation service such as Divorce Mediation Services LLC.

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