Somewhere around 35% of litigated divorces end up going to back to court after the divorce has been finalized. There are any number of reasons this happens, but some of the most common are: one parent will not allow the other parent his or her parent-time as order in a divorce decree; one parent will not pay child support.
When this happens, the parties will likely have to mediate before taking their claims before a judge. This is because (1) most divorce decrees contain a clause requiring parties to mediate before beginning court proceedings, and (2) because Utah courts will often require mediation. And there is good reason for mediation of post-divorce disputes, for example:
- Divorced couples are happier with mediated resolutions than court orders
- Divorce couples follow mediated resolutions more than court orders
- Mediation allows the parties to directly control the outcome of their settlement
- Mediation is confidential, so parties don’t need to “air dirty laundry” in before the court in public
- Litigating a post-divorce dispute can require many months, while mediation can be scheduled within weeks
- Mediation brings the parties together to negotiate and work together to reach a mutually beneficial dispute agreement, whereas court requires the parties to fight one another in open court
Because post-divorce disputes involve high emotions and family law issues, it is wise to hire a mediator with divorce and family law experience. Likewise, if you need an attorney to help guide you through the post-divorce mediation process, find one with family law experience.
Schedule a time to talk with us – we are here to help you. When you meet with your divorce lawyer, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!