Ending your marriage is a decision that is not made lightly and often comes after careful consideration. In Maryland, the road to divorce begins in a similar manner.
You and your spouse may be required to attempt to resolve your conflicts privately in mediation before going to court. Understanding why the state favors this approach can help you better prepare for the process that lies ahead.
What is divorce mediation?
Maryland courts generally refer couples to mediation when there is a dispute regarding financial issues or child custody or visitation. It happens outside of court where both parties and their lawyers meet with a mediator to discuss issues, review possible options and work toward a separation agreement.
The sessions are also fully confidential. If you and your spouse cannot reach an agreement, the mediation ends, and your case goes to a judge. However, anything said during the mediation cannot be used against you or presented as evidence in court.
Why the state prefers this process
Maryland often requires mediation before litigation to help the families involved in several ways, including:
- Allowing parents to craft personalized solutions for child custody and visitation
- Sparing children from the stress of public legal proceedings
- Encouraging a collaborative approach for reaching a resolution
- Settling issues in a few sessions instead of spending a year or more in court
Mediation also helps parents establish a healthy co-parenting relationship without the high court costs and legal fees of a standard litigation.
Exceptions to the rule
While mediation is the default route, it is not appropriate for every case. Maryland courts will generally waive the mediation requirement if there is a documented history of domestic violence, physical abuse or child neglect. A court may also bypass mediation if there are significant power imbalances that would make it unfair or unsafe for one party.
Moving forward with confidence
When successful, mediation provides a path to amicably end your marriage while minimizing the financial and emotional toll of litigation on your family. Working with a legal professional can help you negotiate for a fair agreement that can help you transition to this new chapter.