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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
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Caifornia divorce attorneyIf you have already decided that you will proceed with mediation for the numerous benefits it offers, you may be wondering what your next steps should be. There are several ways our clients prepare for their mediation sessions.

  1. Reflect on why you want to mediate.

When you are setting out to prepare for mediation, it is important to keep in mind why you want to mediate. Perhaps mediation was your spouse’s idea, and you are not so sure about the process.

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Posted on in Mediation

California mediation attorney, California divorce lawyerUnless you and your spouse experienced a brief marriage, have no children and no joint property, divorce litigation is not inexpensive. Even in an uncontested divorce, a couple must consider the cost of the filing fees as well as court costs. In an uncontested divorce where both parties approve the requests made in the divorce petition, court time may not be necessary, and the divorce should be official after six months. However, in instances where splitting spouses cannot agree upon the petition, the court gets involved which can increase the costs. Many seeking divorce search for a lower cost option leading a growing portion of the population choosing divorce mediation.

The Financial Truth of Divorce Litigation

In most scenarios of divorce litigation, there is the basic cost of each party with their attorney. In many more tangled matrimonial webs, there may be the additional costs of experts, such as those to determine who is best for providing for the children, appraisals, and business evaluators. The financial cost of going to court can easily reach into the five-digit range. The number increases exponentially if the two parties are unable to agree or emotions run high. Emotions left unchecked lead to an abundance of motion filings and, therefore, higher legal fees.

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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 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:

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