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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

Posted on in Mediation

California mediation attorney, California divorce lawyerWhen a couple determines divorce is necessary, often the idea of a long and drawn-out divorce litigation trial immediately comes to mind. Although a significant portion of the population turns to this divorce option quickly, most of the time this is because they are unaware of the other options available. In California, it seems everyone is looking to find a way to make divorce not only more affordable but also less traumatic. One such option is known as divorce mediation.

Alternative Methods to Divorce

There are multiple methods available for divorce options; each is a bit different from the last, but all have the same outcome: divorce. With these options, it is likely you will find an option that best suits your end goals. These methods are:


California divorce lawyer, California mediation attorneyThe dissolution of a marriage is a stressful process for a family. While mediation is supposed to ease some of the difficulties associated with divorce litigation in court, sometimes getting both spouses to agree to mediation can present its own issues.

Deciding to use mediation is one of the first of many decisions you and your estranged spouse will have to make, so it is no wonder that it presents a stumbling block for many couples. If you believe that mediation is a good fit, but your spouse is not as sure, there are several things you can do.

Get to the Root of the Problem


Posted on in Mediation

California mediation attorney, California divorce lawyerIf you and your spouse have decided you want a mediator to handle your divorce, the first step you must undertake is selecting a San Jose divorce mediator. This is an important decision because it will set the tone for the entire process.

Determine the mediator’s style.

There are many styles of mediators. While there is no “right style,” there is a right fit between mediator and divorcing couple. Asking the mediator what his or her style is can help you pick a mediator. For example, some mediators guide the discussion by asking questions and making deferential comments, which allows the divorcing clients to reach their own decisions. Other mediators provide firmer guidance with proposals based on how a court would likely resolve the issue.


Posted on in Mediation

California mediation attorney, Califorina family law attorneyMost couples do not intentionally enter a marriage knowingly believing it will result in divorce. Therefore, it stands to reason that your divorce taught you that everything could change from plans and circumstances and even people themselves. Due to this certain phenomenon, it is likely that after a divorce agreement has settled, either through mediation or litigation, that there will need to be a post-judgment modification. Hopefully, the alteration will not be necessary for a decade or more. However, it is possible that a change request may be needed months after the issuance of the decree.

How Soon Can We Make Changes?

During a dissolution of marriage, circumstances and needs are the groundwork for deciding the outcome. If the situation has shifted in any direction, it is imperative that modification is requested as soon as possible to avoid conflict and ensure the ability to comply with court orders. Although a judge will not make changes to decisions regarding asset division, the commonly renegotiated terms are:


Posted on in Mediation

California divorce lawyer, California mediation attorneyWhen a marriage comes to an end, there are a wide variety of emotions experienced. Grief, anger, and anxiety of the unknown are just a few commonly expressed. While the two separating spouses are deciding how to arrange parenting time with the children and how to divide the assets, there may be another stress over the loss of control of the situation. When emotions run high, the “fight or flight” mode initiates and many people choose to run and let a judge do the dirty work. However, mediation is advisable for those seeking control over their situation.

Losing Control

Once you get in front of a judge, consideration is not typically given to the items you want and the arrangements you request. California is a no-fault state and no matter what happened during the marriage, these events will not be considered. The property splits into community property and separate property. The community property is then divided into two halves, regardless of feelings and how you came into possession of the articles. Judges are meant to be impartial and fair.

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20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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