Can Mediation Help With Post-Divorce Issues in Michigan?

 Posted on August 04, 2021 in Divorce

Although the Michigan divorce process ends with a legally binding resolution, this may not end all conflict between the parties. Ongoing issues involving child custody, child support, and spousal maintenance can lead to new disputes in the years following a divorce, and it may be necessary to petition the court for modification or enforcement of the divorce order. However, if you can work out these post-divorce matters with your former spouse in mediation before you bring them before the court, you may save yourself time, energy, and stress.

Mediation for Post-Divorce Modifications

The child custody order is one of the most common elements of a divorce resolution that may need to be modified as time passes. You may feel that the order should be changed because of a change in your work schedule, a move or relocation, or a change in your children’s needs and preferences as they get older. However, you may find it difficult to reach an agreement with your children’s other parents regarding the details of the modification.

This is where the services of an experienced mediator can be beneficial. A neutral mediator can meet with you and your former spouse to work through any proposed changes to parenting time and decision-making responsibilities and come to an agreement that satisfies both parents and continues to provide for your children’s best interests. You can then file your mediated agreement with the court for approval.

Mediation can also help you reach an agreement regarding the modification of a spousal support or child support order. Typically, the court will consider a petition for modification only when there has been a significant change in circumstances, such as a change to the income or financial needs of one of the parties. However, if you can agree on the specific changes through mediation, you can save yourself the time that it would take the court to deliberate on the changes you are requesting.

Mediation for Post-Divorce Enforcement

When a former spouse fails to uphold the terms of a divorce order—for example, by failing to pay support, exercise parenting time, or make timely parenting time exchanges—the other party may petition the court for enforcement of the order. A successful petition for enforcement can have serious consequences for the party who is in violation of the order, including hefty fines and garnished wages, driver’s license suspension, and charges of contempt of court. However, mediation can stave off the necessity of petitioning for enforcement in court and the associated penalties, and instead allow the parties to work out a reasonable solution together.

Contact a Novi, MI Divorce Mediation Attorney

At Elkouri Heath, PLC, we know that you may continue to need help and guidance after your divorce is complete and that mediation may be the most effective method of addressing your post-divorce disputes. We provide certified mediation services that can help you achieve amicable solutions both during and after the divorce process. Contact us today at 248-344-9700 for a free consultation with an Oakland County family law attorney.

Source:

http://www.legislature.mi.gov/(S(ev4cl4qzo1xfszpmpfyhx4eg))/mileg.aspx?page=getobject&objectname=mcl-chap552