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How to Deal with Issues That Arise After Divorce
Divorce mediation is a thoughtful and collaborative way to navigate the end of a marriage. But even the most carefully crafted agreements can’t always predict every twist life might throw your way. Changes in finances, parenting dynamics, or unexpected life events can lead to new disagreements between former spouses—sometimes months or even years after the divorce is finalized.
So what happens when something arises after divorce?
The Power of the Mediation Clause
Most mediated divorce agreements include a mediation clause, which requires the parties to first attempt to resolve any future disagreements through mediation before going to court. This is not just a formality—it’s a practical, cost-effective, and often emotionally easier way to handle post-divorce challenges.
If you didn’t go to court to end your marriage, why would you want to go to court after the fact? Returning to mediation can help you maintain control over the outcome and preserve a more peaceful co-parenting or post-divorce relationship.
Common Triggers for Post-Divorce Disputes
Life doesn’t stop changing after a divorce. Some common reasons former spouses may find themselves back at the table include:
Significant Financial Changes
A job loss, major medical expense, or change in income may make it difficult to continue paying (or receiving) the agreed-upon child support or spousal support.
A Child Changes Residences
When a child chooses to live primarily with the other parent, it can trigger the need to revisit parenting time, support, and even school district decisions.
The Parenting Plan No Longer Works
Schedules shift, children grow, activities and emotional needs evolve. What worked for a toddler or young child may not work for a teenager.
Relocation
One parent may wish to move for work, family, or a new relationship—raising questions about travel, visitation, or residential custody.
You Litigated Your Divorce—but Now Want a Different Approach
Even if your divorce was originally resolved through the court system, you can still choose mediation to address post-divorce issues. Mediation offers a more collaborative, cost-effective alternative than returning to litigation—and can help reduce conflict, especially when children are involved.
What Can Be Done?
If you’re facing one of these (or other) issues, mediation is often the best first step. A skilled mediator can help clarify misunderstandings, explore options, and facilitate a solution that works for both sides.
When both parties reach agreement on the necessary changes, an amendment to the original stipulation can be drafted. If appropriate, the revised agreement can be submitted to the Court to be “so ordered”, ensuring that it carries the same legal weight and enforceability as the original.
The Bottom Line
Mediation isn’t just for the divorce itself—it can be a useful tool well beyond the final signing of your agreement. When life changes, or when conflict re-emerges, you don’t have to resort to litigation. Instead, consider returning to the table with the same intention you started with (or a new intention, if you originally litigated): resolution, mutual respect, and moving forward.
If you’re experiencing post-divorce challenges and your agreement contains a mediation clause, or even if it doesn’t, reaching out to a mediator can be the most constructive way to handle what’s next.