The short answer is yes, you can get a divorce with just mediation in Pennsylvania.
In this article, the Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman explain what divorce mediation is, how to complete the divorce process using mediation, and what divorce mediation does for your family.
If you are considering getting a divorce and you and your spouse are still able to communicate with one another, you might consider engaging in divorce mediation to expedite the divorce process, make it easier on the whole family, and reduce the expense of divorce. Our firm has over 40 years of experience helping families in the Philadelphia area get through a divorce with the best results possible. We can help your family too. Call us today.
What is Divorce Mediation?
Divorce mediation is a form of alternative dispute resolution, like arbitration and collaborative law. Instead of litigating the issues arising from divorce in court, which is an expensive and acrimonious process, couples decide to meet with a neutral third party professional mediator to discuss their concerns and negotiate and decide issues such as spousal support, child support, child custody, and property distribution.
Couples considering divorce can also use divorce mediation to determine issues arising from separation, before the final decree is entered.
What is the Specific Role of a Divorce Mediator?
A divorce mediator guides productive conversations between you and your spouse, helping you work through disagreements and reach mutually acceptable solutions.
Here are some of the main responsibilities of a divorce mediator:
- Remaining neutral throughout the process: The mediator does not advocate for either spouse. This keeps the conversation focused, respectful, and fair.
- Facilitating open and structured communication: Divorce can be emotional, and mediators keep the discussion on track so that both parties feel heard.
- Identifying issues that need resolution: From financial matters to parenting plans, mediators make sure nothing gets overlooked.
- Offering solutions: While they don’t make decisions, mediators suggest possible compromises based on the needs of you and your spouse.
- Explaining legal and practical considerations: A good mediator helps both parties understand how their decisions may play out, especially around issues like taxes, real estate, or long-term parenting logistics.
- Drafting a memorandum of understanding: This document outlines the agreements made during mediation, and can be used to finalize the divorce through the court.
Why You Might Consider Divorce Mediation: 5 Key Benefits
Divorce mediation is a more cooperative, affordable, and flexible way to handle the divorce process, especially for spouses who are still able to communicate productively. Here’s why many spouses choose divorce mediation:
1. Encourages Spouses to Work Together
Divorce mediation promotes collaboration as opposed to confrontation. With the help of a neutral mediator, you and your spouse work together to negotiate and compromise on the issues that matter most, such as parenting, finances, and property division.
2. Not a Contentious Process
Unlike litigation, which often pits one spouse against the other, mediation fosters an amicable atmosphere. You’re not fighting in court; you’re sitting down to have a productive conversation and make decisions that work for everyone involved.
3. Saves Time and Money
Mediation is typically far less expensive and time-consuming than going through a contested divorce in court. Many couples who use mediation can reach agreements quickly and file for an uncontested divorce, avoiding unnecessary delays and legal fees.
4. Good for High Net Worth Divorce
For high-net-worth divorces, mediation provides a more private, personalized approach to handling property division. A mediator can help you negotiate these sensitive issues discreetly, without the publicity or cost of courtroom proceedings.
5. Couples Control the Outcome
Perhaps the biggest advantage of mediation is that you (not a judge) get to decide what happens. Mediation allows couples to control decisions related to custody, support, and property, leading to outcomes that reflect your family’s best interests.
Basic Steps to Divorce Mediation
- Agree with your spouse that you intend to engage in divorce mediation.
- Find a divorce mediation lawyer who practices and with whom you feel comfortable and confident working.
- Gather information and documents regarding your income, expenses, assets, and debts.
- Think about what custody, support, and property distribution arrangements work for you and your child.
- Meet with the divorce mediation lawyer and make a good faith effort to negotiate, consider your spouse’s views, and consider the input of the mediator.
- Attend divorce mediation for as many sessions as are necessary.
While generally mediators do not allow the parties’ lawyers in mediation sessions, if you get “stuck” on a particular issue, you are free to consult with a divorce lawyer for advice and bring that advice with you to your mediation session.
Frequently Asked Questions about Divorce Mediation
What are the disadvantages of divorce mediation?
While mediation can be highly effective, it may not be the best choice for every couple. In the following cases, litigation or legal representation may be more appropriate to ensure a fair outcome:
- One spouse is unwilling to negotiate in good faith and/or hides financial information
- There is an imbalance of power or a history of abuse
Is it better to use a mediator for divorce?
For many couples, yes, especially if you and your spouse are still able to communicate respectfully. Mediation can save time, reduce stress, and lower costs compared to traditional divorce litigation.
Can mediators file for divorce?
Mediators help you reach an agreement, but they do not file the divorce paperwork for you. Once mediation is complete and you have a signed agreement, you or your attorney can use that agreement to file for an uncontested divorce in Pennsylvania.
Do I need to go to court for a divorce?
If you resolve everything through mediation and file for an uncontested divorce, you likely won’t need to appear in court. Most uncontested divorces in Pennsylvania can be finalized through paperwork without a hearing. However, if your case becomes contested or certain issues remain unresolved, a court appearance may be necessary.
Find the Right Divorce Mediator for You
Be sure to meet with your divorce mediation lawyer prior to retaining them. You must be comfortable talking with them about intensely personal subjects and also confident your divorce mediation lawyer has the experience and skill to get the job done.
Call us to discuss whether divorce mediation is right for you. Our experienced, kind, and compassionate mediators can help you resolve the issues arising from divorce without making matters more difficult than they are already. We look forward to helping your family through this.