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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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California divorce attorney, California divorce lawsYour life is on the verge of significant change. You and the person who you have spent the last chapter of your life with are going your separate ways, bringing on a multitude of emotions. Excitement, anger, grief and happiness are all expected throughout the divorce process. Anxiety from the unknown will also keep many people up at night, especially leading up to the mandatory settlement conference.

What Is a Mandatory Settlement Conference?

A Mandatory Settlement Conference (MSC) is a judge-ordered meeting to try to reach an agreement between two opposing sides. It is not required of every divorce, as default cases and those that can come to an agreement will not find any use in an MSC. This session is for divorcing couples who are unable to agree on divorce terms and have not found full relief in alternative methods, such as mediation. Along with their attorneys, both parties will meet in one session, or multiple sessions, if needed, to reach an agreement on complex matters. A “pro tem” or temporary judge will oversee the discussion and will attempt to help the couple reach a final agreement. If MSC does not resolve the controversy, then a trial will commence the following week, and the judge will decide the terms of everything left undecided.

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Posted on in Divorce

California divorce judge, California divorce attorneyIf you choose to proceed with court litigation in your divorce matter, the judge assigned to your case will make the decisions pertaining to your divorce matter. While it is true that judges do not have the sentimental connection to the items in question, there is still a responsibility to make the wisest decision possible given the information at hand. Let us discuss what some of the elements are that are used in a divorce decision-making process.

Child Custody and Visitation

First and foremost, a judge will determine what is in the best interest of the child. The default solution for “best interest” is often joint legal custody, meaning that both parents must still make the legal decisions together. It is most commonly in the best interest to have involvement from both parents, so they will also generally lean towards joint physical custody. Some of the reasons that a judge may choose to do sole custody are:

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Posted on in Divorce

California divorce attorney, California family law attorneyDivorce is typically a stressful experience. Anxiety can build from the finality of the marriage, the financial situation, and any number of additional factors. One stress factor that may be alleviated with more information is what to expect inside of the courtroom. For many, the fear of the unknown is one of their biggest sources of anxiety. While they may differ slightly, courtrooms generally have many similarities.

Courthouse Security

Courthouses are government buildings. Therefore, most courthouses have security measures, like a metal detector that you will walk through to announce any prohibited weapons. You will need to remove anything from your person that contains metal before going through, including:

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