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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Are Divorce Terms Negotiable?

Posted on in Mediation

California divorce lawyer, California family law attorneyDuring a divorce, it seems like the world collapses. Due to rampant negative feelings, each party becomes defensive and the “blame game” begins. If everyone remains too busy “protecting their assets” no one wins. Many couples must go before a judge to sort out the divorce details. The disadvantage with this methodology is that neither party has control over the outcome. A judge has a set of guidelines by which to adhere to divide your assets, your children, and in essence, your lives. An alternative solution that is increasing in popularity is divorce mediation.

Your’s Does Not Have to Be a Nightmare

Your divorce need not be the unpleasant experience many envision. The negative imagery remains fueled on by personal anecdotes from family members, friends, or co-workers. Remember that no two people are the same, therefore no marriage is the same, and by that measurement, no divorce is the same. Relationships are complicated and personal, and no one can accurately assess them but you and your spouse. Negotiation is possible if you would like to have a friendly divorce.

The Friendly Alternative to the Courtroom

Courtrooms are not ideal for long, drawn-out discussions of each party’s wants and needs. Once your case makes it to court, all feelings and requests are set aside and only the facts matter. All control is taken from the couple and placed into the hands of the judge, who expertly divides up a life into two halves. It makes no difference if the dish set came from your great-grandmother who has since passed away, it may still go your spouse. A better solution, if the two sides can be within the same room and can have civil discussions, would be to consider divorce mediation. With this affordable option, many couples can reach long-lasting compromises that work for both parties. The rules by which a judge must follow are flexible in these conversations. Benefits seen by thousands of families across the United States include:

  • Maintenance of power,
  • Cost effective,
  • Time efficient,
  • Long-lasting results,
  • Fewer modifications later,
  • Positive effects on children,
  • Less stress, and
  • Flexible pace and terms.

Why Use a Divorce Mediation Attorney?

A mediation attorney has the knowledge, training, and experience working as a professional divorce lawyer. This knowledge increases the odds of a successful conclusion by utilizing these years of legal experience. Additionally, should the discussion break down and not all topics reach a satisfactory resolution, an attorney then can present the remaining issues to a judge. If you would like to discuss your divorce decision with a San Jose, CA divorce mediation attorney, contact the Law Offices of Benita Ventresca today. With over 35 years of family law experience throughout San Jose and Santa Clara County, California, we can use our expertise to guide you through this emotional process and make the decisions that are best for the future you want. Call us today at 408-395-8822 for your free initial consultation.

 

Sources:

http://www.courts.ca.gov/selfhelp-divorce.htm

http://www.courts.ca.gov/1226.htm

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