3 reasons why divorce mediation can benefit a need for privacy
Social stigma is still sometimes a deterrent to divorce. While there is much less social concern about divorce now than there was decades ago, people can still face a degree of judgment after the end of a marriage.
Particularly when there is reason to claim that misconduct contributed to the end of a marriage, people may worry about the information disclosed to others during California divorce proceedings. Many divorces involve litigation, which means that spouses have to address the end of the marriage in the family courts.
Some couples instead undergo mediation and then present a signed agreement to the courts for an uncontested divorce. Mediation is confidential, which allows couples to negotiate privately. Concerns about privacy, like the three issues below, may motivate people to pursue a mediated divorce instead of a litigated one.
Worries about the children
What spouses disclose about marital conduct in family court can affect the relationships that they have with their children in the future. For example, children who overhear testimony about marital misconduct may begin to judge one parent and blame them for the divorce. Even children who have avoided that information in the past might seek out family court records when they become adults to learn more about what altered their family circumstances. The desire to keep certain information away from children may lead to people negotiating divorce matters in a confidential mediation setting.
A desire for financial privacy
Disclosures of marital resources are an important element of the divorce process. Each spouse has the right to discovery, which essentially means they should receive thorough and accurate financial information from one another. They may also need to provide those details to the courts, which can lead to public awareness of their income or personal holdings. Addressing property division, financial support and custody matters in mediation can help people keep the details of their finances private.
The need to protect a high-profile career
Maybe someone is a car sales professional who runs a small dealership. Their reputation for integrity and honesty is a key component to their continued success. Disclosing unsavory details about their personal conduct in family court could damage their reputation and affect their career. Anyone in a position to face scrutiny from the public, especially those in high-profile professions, may want to keep their family law matters as private as possible.
Mediation offers a host of benefits beyond just confidentiality. Spouses have more control over the process. They can reduce what they pay to divorce and may even be able to end the marriage more quickly. As such, those familiar with the benefits of divorce mediation can make more informed choices as they prepare for the end of a marriage.
