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

Mediation Maintains Control

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.

Mediation Empowers Spouses

One of the best alternatives to divorce proceedings is mediation. Mediation is a method where you and your nearly ex-spouse meet with a mediator to determine the arrangements that would work best for each of you, as well as your children. Completion occurs in one or several meetings. The items that you would decide your terms for are:

  • Property distribution;
  • Retirement;
  • Taxes;
  • Child custody and visitation schedules;
  • Child support; and
  • Alimony.

Other Benefits

Along with being able to decide your outcome, mediation offers other substantial benefits to ending your marriage. These include,

  • Economical;
  • Faster;
  • Higher compliance ratings;
  • Friendlier resolution; and
  • Less requirement of revision.

If you and your spouse or partner have decided to end your marriage, it is advisable to try mediation unless there is a safety concern or other extenuating circumstance. Mediation, even under the most emotional of circumstances, has often come out as the method that resolves most favorably. If you are interested in discussing your options with a proven and experienced San Jose, CA mediation attorney, contact Ventresca Law Firm today at 408-395-8822 to schedule your free initial consultation.

 

Sources:

http://www.courts.ca.gov/1254.htm

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

http://www.courts.ca.gov/1225.htm

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