Divorce Guide

Post Divorce Mediation

Post divorce mediation is done in instances when there arises a need to revise the divorce agreement. Due to change in circumstances or lapse of time, couples might consider revising or modifying some clauses in their divorce decree. When mediation is done to revise the already existing divorce agreement then it is known as post divorce mediation.

Lara and Jack are divorcees for 10 years now. Lara had the legal custody for their 8 year old daughter when the couple got divorced. Jack had the visitation rights and would take his daughter along for vacation for a fixed period every year. Now when their daughter was 18 years old she did not want to go and stay with her father for months. Jack understood her feelings and was ready to accept the change. Thus Lara, Jack, and their daughter consulted a mediator to modify the visitation clause in the agreement according to their choice.

The above is a perfect example of a situation where the need for post divorce mediation arises. Most of the post divorce mediation is required due to change in situation or lapse of time. Situations do not remain same and an agreement can lose its meaning in a new or different scenario. For example, a female is receiving spousal support from her husband as a result of her divorce agreement. However if after some years she gets remarried and does not require financial support from her ex husband, the ex spouse can modify the alimony clause with the help of mediation.

Here are a few common situations where post divorce mediation might be required:

Alimony needs to be modified or withdrawn.
Child visitation schedule needs to be modified.
Child custody needs to be given to the other parent.
Child support needs to be revised.

Like any other mediation, post divorce mediation is also a voluntary process. Mediation can take place only if the ex husband and wife agree on the issue at hand. For example if the legal guardian of the child feels that the child support paid by the other parent is not enough any more then he or she can request for a hike. However if the other partner does not agree to increase the amount then a petition can be placed in the court. And if the partner agrees to increase the child support amount then the couple can do it through mediation.

Mediation is perfect if the ex spouses want to make some modifications in the agreement post divorce. It is presumed that post divorce changes will be minor and can be handled through mediation. Going to court for minor modifications will cost more time and money as compared to modification through the process of mediation. Mediation will certainly save a lot of cost and time.

Through mediation both the partners get equal opportunity to speak and express their point of view. Any modification in the agreement is with the consent of both the people. For couples who already have an experience with adversarial divorce at the time of their final divorce, post divorce mediation makes more sense. Going through the grueling experience again and again is not every one’s cup of tea.

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