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Posted on in Mediation

California divorce lawyerDivorce is rarely an easy decision, but when couples take steps to end their marriage, they are likely ready to leave a relationship that is not working and move on to the next stage of their lives. However, the process of divorce can be incredibly complex, and people are often unprepared for the costs involved in the legal process of dissolving their marriage. However, if couples are willing to work together to reach a resolution, they may be able to use mediation, which can allow them to complete the process more quickly, efficiently, and effectively. Divorce mediation provides the following benefits:

  1. Cost savings - Litigating a divorce in court can be incredibly costly. Each spouse will typically need to hire an attorney, and they will be required to pay for the time their lawyer spends preparing documents, communicating with the other spouse’s lawyer, discussing the case with them, and attending court. When using a mediator, however, the couple will typically split the fees for mediation sessions or any other services the mediator provides (such as preparing documents), and mediation can result in savings of 40-60% over the costs a divorce completed through litigation.

  2. Time savings - A litigated divorce can be a lengthy process, requiring multiple court dates that depend on the availability of the spouses, their attorneys, and the judge. In contrast, mediation allows a couple to resolve the outstanding issues in their divorce (including the division of property and decisions regarding child custody and visitation schedules) in a much faster and more efficient manner.

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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:

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Posted on in Family Law

California family law attorney, California divorce lawyerAnnulment, divorce, and legal separation all have one thing in common: the two parties within the marriage or domestic partnership are no longer together. As far as commonalities, the split is just about the only similarity these divisions share. In a legal separation, the two parties are divided but not free to marry someone else. In divorce, both sides become legally single while still recognizing the existence of the marriage. Annulment wipes the board clean and makes it as though the marriage never legally occurred.

Why Choose Divorce?

Divorce in California requires one side to declare they believe the marriage suffers from irreconcilable differences. Both parties do not have to agree, and if one wants to exit the union, the court will grant their wishes. However, despite the prevalence of divorce within the United States, some people feel a stigma still exists, leaving them to for another option. For either personal or religious reasons, many of these individuals choose to wipe the slate clean entirely.

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California mediation attorney, California divorce lawyerDivorcing a spouse, no matter the length of the marriage or the circumstances surrounding the split is rarely easy. With divorce rates reaching nearly half of all marriages, millions of Americans each year search for a better, less traumatizing method to end their union. A growing portion of the population chooses to utilize a divorce mediation process. Although mediation offers many benefits that litigation does not, it simply is not a viable or beneficial option for all cases.

The Benefits of Choosing Mediation

The mere thought of going to trial to have every personal aspect of a private life ripped apart and picked through by a judge creates such anxiety for many seeking a divorce that some avoid the situation by staying in an undesirable marriage. For these, there are several alternative divorce resolutions (ADR) available, one of which is divorce mediation. The assets available with this option are:

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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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