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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

Divorce Litigation as the Last Option

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:

  • You both are agreeing to divorce,
  • Neither side is attempting reconciliation,
  • You have children,
  • Both sides are interested in an amicable ending, and
  • No one is blamed for the end.

Last Resort: Litigation

If one party is uncooperative, mediation may not be an option. Either they are angry and spiteful and believe they deserve everything, or they are wanting to reconcile, spending all of the negotiations questioning how they can alter their behavior to make it work. It is possible to try mediation first to get a few finalities decided and if it just is not working, then choose the litigation option. There are many reasons why using litigation should be a last resort option. There are many downfalls, including:

  • Loss of control of the outcome,
  • Increased cost,
  • Longer time in court, and
  • Higher stress.

If you are considering divorce and are unsure of which is right for you, we can help. We understand that family dynamics vary wildly between each home and we want to assist you in making the best possible choice for your situation. If you are interested in discussing your options with a San Jose, CA mediation and divorce attorney, contact Ventresca Law Firm today at 408-395-8822 to schedule your free initial consultation.

 

Source:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=01001-02000&file=1115-1128

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Los Gatos, CA 95030

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