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

More Couples Choose Divorce Through Mediation

Posted on in Mediation

California mediation attorney, California divorce lawyerDivorce does not need to be a long, drawn out, or traumatic experience. Most people have enough stress in their daily lives that the thought of divorce is overwhelming. The idea of standing up in public forum senselessly arguing every minute detail and dirty secret is not appealing for most couples. The apprehension forces many unhappy couples to stay together creating more damage to the family dynamic and emotional state. Another option is divorce mediation. Here, issues are civilly discussed behind closed doors, resulting in a long-lasting solution on which everyone can agree.

Who Is Best Suited?

There is no “one-size-fits-all” method to divorce. In some situations, the property lines and boundaries are so complicated that it takes an expert to sort out property distribution. In other cases, the parties have not spoken in years, and there is no unity to untangle. Circumstances are different under each roof, requiring various alternatives to divide a marriage or a domestic partnership. Divorce mediation works best for:

  • You mutually made the decision to split,
  • Neither party wishes to reconcile,
  • A friendly end is appealing,
  • No one is to blame,
  • The financial situation is transparent,
  • Both sides are reasonably trustworthy,
  • You do not often regret things you say out of anger,
  • Neither party is intimidated,
  • No physical threat exists,
  • Substance abuse is a non-issue, and
  • You believe your spouse is a good parent.

How Does It Work?

The process is relatively easy and can go as fast or as slow as you prefer. Over the course of one or more sessions, you and your divorcing partner meet with a mediator for a mediation conference in a private location. What occurs in mediation remains behind the closed doors, unless you or your spouse discuss elsewhere. On your own, with mediator supervision, you go through the issues like child custody, support payments, and property division. Together, you determine a solution that is mutually beneficial. You may complete it all in one conference or rest and revisit at another conference.

While the mediator will not make the decisions for you, they can offer advice, request more information to aid in an educated solution, or suggest expert services. After reaching a settlement, the mediator will draw up paperwork outlining the arrangements, which will then go to the court and as a part of the final divorce decree. Any issues left unresolved can go before a judge to allow them to make a neutral decision without taking into account the feelings or emotional ties.

Just Because You Are Becoming Single Does Not Mean You Are Alone

Divorce brings out a wide variety of emotions, ranging from jubilation to depression and anxiety. These emotions have the ability to cloud judgment, which is detrimental when the decisions made today have the capacity to affect a lifetime. Many find it beneficial to have someone on their side to answer legal questions, other than a best friend and a search engine. If you are interested in discussing your situation with a San Jose, CA divorce mediation attorney, contact the Law Offices of Benita Ventresca today by calling 408-395-8822 to set up your free initial consultation.

 

Source:

http://www.calbar.ca.gov/Public/Pamphlets/DivorceCustody.aspx

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