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Mediation and Litigation

Posted on in Divorce

California mediation attorney, California divorce lawyerWhen you face divorce proceedings with your spouse, you have options on how you may go about the process. First, the least expensive and least stressful alternative for many couples is divorce mediation. However, this option is not appropriate for all cases. The good news is if you attempt mediation and the process is unsuccessful, your case is still eligible for a hearing in front of a judge. At this point, you give up all maintenance of power, and the judge has the capability to order whatever they see fit on all aspects, from property distribution to child arrangements. Is the judge’s determination “the end” or are you able to revisit the decision?

Options for Appeal

Dependant on the circumstances surrounding your case, you may be eligible to appeal the decision of the court. Meaning the verdict did not go in your favor, and you would like to have it reexamined in some way. Three different motions for civil appeal include:

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Posted on in Divorce

California divorce attorney, California mediation lawyer, Perhaps you and your spouse sat down and shared a lengthy conversation about what is wrong in the marriage and determined the situation as irreparable. On the other hand, maybe you knew that there were difficulties, but assumed there was nothing you could not work out together. No matter the situation leading to this point, nothing adequately prepares you for the moment you receive divorce papers, even if you saw it coming. What happens next? Do you have to reply? What happens if you refuse? These questions and more often come to the forefront of thought during this time.

The Papers

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Posted on in Divorce

California mediation lawyer, California divorce attorneyIt is no secret that the cost of divorce is not cheap. When you and your ex both need to set up separate living arrangements, complete with full pantries and furniture, it is strategic to cut costs where possible. Many protocols during divorce are optional and are the most useful during complicated separations. These extraneous measures are not always necessary for straightforward cases where both parties are amicable and willing to negotiate. If you are interested in reducing the financial burden of your divorce, we have a few helpful tips to consider.

Discuss Billing with Your Attorney

Explain your financial concerns with your divorce lawyer. Ask questions about billing arrangements. The majority of lawyers rely on an hourly charging schedule. Collect your thoughts and write down your questions before making communication if this is your agreement.

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Posted on in Divorce

California divorce attorney, California mediation lawyerEach dissolution of marriage is unique. No two are the same except for the end, where the two are no longer legally married. Some experiences are relatively quick and easy with minor emotional repercussions. Other divorces are extremely lengthy, causing shedding of an innumerable number of tears and expenditure of untold sums of money. The good news here is that the dissolution process can be tailored to suit your needs and circumstances. Together we can determine if mediation is a possibility or if divorce litigation is the only option.

Mediation

There are not many individuals that can drop a few thousand dollars without effect on their bank account status. For those who do not have money to spend unnecessarily, you likely are interested in saving some of your money if the outcome is the same. Therefore, it is illogical to skip straight to a divorce litigation option for divorce without first exploring other possibilities. One such option is mediation. We advise many of our clients first to consider this option for a variety of reasons, not the least of which is saving money. Remember, mediation in this sense does not mean the same thing as marital mediation, in which you are working to save the marriage. Here you are dissolving the union, just through an alternative setting. However, this path does not pan out for every situation. A few situations in which this may be beneficial, are:

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Posted on in Divorce

California mediation attorney, California divorce lawyerA common myth exists that all divorce cases are gruesome. This outcome does not necessarily need to come to fruition. An alternative known as mediation is an excellent opportunity to divorce your spouse, yet accomplish the goal in a less emotionally and financially traumatizing manner. When an option to save time and money is available, it is worth consideration.

What Do These Terms Mean?

The standard road to divorce leads through litigation. Ultimately, after evaluating and listing assets, a judge reviews the items and distributes them accordingly, usually without consideration of the wants and needs of either party. The judge will determine what is best for the child, and those will be the standing orders for child support, visitation, and custody. The process is long and time-consuming, resulting in an unpredictable outcome.

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