The Atlantic recently published an article on “The Divorce Gap” highlighting the inequities that a court-based divorce process can often result in. When one household is converted into two, there is often not enough money to support both. Mothers typically leave the workforce to raise the children which leave them at a lower salary over time and thus disadvantaged in earnings years later. The moneyed spouse frequently has an advantage in divorce proceedings by being able to afford a better lawyer. Court-based divorce processes are still adversarial in nature, even with the advent of no-fault grounds for divorces (not having to prove to a court how a party was wronged).
The article talks through several alternatives, such as a movement in Minnesota to make divorce an administrative process rather than a court process. It also suggests mediation as a process but highlights some potential shortcomings, namely no licensing scheme or vaguely drafted agreements. This is one reason to ensure that you are using an experienced mediator to help with your divorce.
Contact me if you want to learn more about how mediation can help with your divorce.