If you or your spouse files for divorce, understanding your legal options is critical. Unfortunately, many assume that divorce is an inherently bitter court battle, which is far from the truth. In reality, many couples can work together to negotiate the terms of their divorce, whether on their own or through mediation. If you are interested in learning more about mediation, the following blog explores what you should know about these matters and how St. Louis County divorce lawyers can assist you during this process.
Understanding Divorce Mediation in Missouri
In Missouri, divorce mediation operates within the state’s dissolution of marriage laws and is generally beneficial to help the spouses comply with court expectations while ultimately reducing conflict between the parties. Missouri courts may require mediation for divorces involving child custody. Additionally, any agreement reached in mediation must still meet statutory standards before it can be approved by a judge. This helps ensure that agreements are not only fair and cooperative but also legally enforceable in accordance with Missouri law.
During mediation, the mediator, who is a neutral third party, will facilitate conversation to help you and your spouse stay focused on the issues at hand and reach an agreement on these matters. When you and your spouse reach an agreement on the issues of your divorce, the mediator can draft the divorce agreement. This will then be submitted to the court, which will approve and subsequently enforce the matters included in the contract.
What Happens During Divorce Mediation
- A neutral third-party will facilitate a structured conversation between spouses
- The mediation sessions occur in a private location, not a courtroom
- The mediator does not decide the outcome
- The mediator cannot provide legal advice
- The mediator cannot take side or act in a biased manner
- Discussions will generally focus on resolving disputes in an effective and cooperative manner
- Agreements are later submitted to the court for approval
Issues Commonly Resolved Through Mediation
- Child custody and parenting time schedules
- Spousal maintenance (alimony)
- Child support and child-related expenses
- Division of marital assets and debts
- Post-divorce communication guidelines and expectations
Why Do Missouri Courts Encourage Divorce Mediation?
Mediation is a practical way for couples to resolve their issues and reduce the need for litigation. Not only does this benefit both the couple and the court, as it frees up court schedules, but it is also highly practical in cases involving children. This is because the courts view this as a way to limit hostility and exposure to conflict while prioritizing fairness and cooperation between the spouses.
Situations Where Mediation May Be Required
- Cases involving contested child custody
- Disputes where parents cannot agree on parenting plans or custodial time
- Cases where the court believes mediation may be more effective than litigation
Situations Where Mediation May Not Be Appropriate
While mediation has many benefits, due to its reliance on cooperation and compromise between the parties, there may be instances in which this is not an appropriate avenue for a divorcing couple. This includes:
- Couples with a documented history of violence or coercive control
- Severe power imbalance between the couples
- Situations in which fear, intimidation, or inability to negotiate arise
What Are the Benefits of This Mediation for Missouri Couples?
For couples in Missouri who wish to file for divorce, this can offer a number of benefits that traditional litigation cannot offer. Unlike a court-based divorce, mediation is a private process that is determined by the parties involved. As such, this allows the spouses to determine the outcomes, rather than relying on a judge to make a decision.
Privacy Advantages
- Mediation discussions are private and do not become public record
- Sensitive financial and personal details will remain confidential
- Sessions are held behind closed doors, meaning there are no public hearings
Cost, Time, and Emotional Benefits
- Generally less expensive than typical court litigation costs
- Encourages cooperation and communication rather than conflict
- Can resolve disputes faster than traditional divorce proceedings
- Reduces stress for both spouses and their children
Is Divorce Mediation Confidential in Missouri?
Yes, mediation in Missouri is generally confidential. This is one of the most common reasons that couples choose to mediate their divorce as opposed to traditional litigation. It is important to note, however, that confidentiality is not absolute, as there are significant legal limitations in place.
What Information Is Protected in Mediation
- Statements during mediation sessions
- Proposed settlement terms that have not yet been finalized by the court
- Financial disclosures shared solely for mediation purposes
Legal Exceptions to Confidentiality
- Allegations of child abuse or neglect
- Credible threats of serious harm
- The final settlement terms, as they must be finalized by the court
In practice, if mediation results in a full or partial settlement, the final terms must be filed with the Missouri court as part of the divorce proceeding. Without approval from a judge, the agreement reached in mediation is non-enforceable. As such, the settlement will be included as an official case record, subject to judicial review. However, statements made during mediation that are not a part of the settlement agreement will remain protected.
If We Mediate, Do I Still Need a Lawyer?
If you are interested in mediating your divorce, you may assume that you don’t need an attorney. While there is no legal requirement to obtain representation for mediation, it’s generally in your best interest to do so. Consulting with an attorney can help you become familiar with your rights during this process, especially since the mediator cannot provide legal advice. Additionally, having an attorney to represent you means they can review the mediation agreement to ensure it represents your best interest before signing any legally binding documents.
Contact an Experienced St. Louis Divorce Attorney Today
When you are filing for divorce, mediation can be a great tool to help move this process along. As such, the team at Stobie Family Law Group can assist you during these difficult times. We understand how emotionally draining a divorce can be, which is why we can assist you through the legal complexities so you can focus on moving on to the next chapter of your life. Contact us today to learn more.
