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Mediation and Litigation
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Posted on in Mediation

California mediation attorney, California divorce lawyerIf you and your spouse have decided you want a mediator to handle your divorce, the first step you must undertake is selecting a San Jose divorce mediator. This is an important decision because it will set the tone for the entire process.

Determine the mediator’s style.

There are many styles of mediators. While there is no “right style,” there is a right fit between mediator and divorcing couple. Asking the mediator what his or her style is can help you pick a mediator. For example, some mediators guide the discussion by asking questions and making deferential comments, which allows the divorcing clients to reach their own decisions. Other mediators provide firmer guidance with proposals based on how a court would likely resolve the issue.

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California divorce attorney, California family attorneyDissolving a marriage is a complicated process. With emotions on both sides and an entire life to divide, the finality never can seem to come quickly enough. For some couples, the divorce process can take more than a year and thousands of dollars. However, there are methods available to avoid that worst case scenario. An increasing number of Americans are seeking to divorce through more amicable terms, such as collaborative law and mediation. These alternatives make dividing assets a much more pleasant memory, and there is a higher likelihood of getting what you want.

Property to Discuss

A large number of minute details join to create the life that you and your ex-spouse have together. The process of breaking it apart piece by piece is overwhelming and stressful to most who endure it. It is tough to ascertain where to begin. Many find it useful to have a checklist to complete. Assets you should consider:

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Posted on in Mediation

California mediation attorney, Califorina family law attorneyMost couples do not intentionally enter a marriage knowingly believing it will result in divorce. Therefore, it stands to reason that your divorce taught you that everything could change from plans and circumstances and even people themselves. Due to this certain phenomenon, it is likely that after a divorce agreement has settled, either through mediation or litigation, that there will need to be a post-judgment modification. Hopefully, the alteration will not be necessary for a decade or more. However, it is possible that a change request may be needed months after the issuance of the decree.

How Soon Can We Make Changes?

During a dissolution of marriage, circumstances and needs are the groundwork for deciding the outcome. If the situation has shifted in any direction, it is imperative that modification is requested as soon as possible to avoid conflict and ensure the ability to comply with court orders. Although a judge will not make changes to decisions regarding asset division, the commonly renegotiated terms 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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Posted on in Divorce

California mediation attorney, California divorce lawyerA common myth exists that all divorce cases are gruesome. This outcome does not necessarily need to come to fruition. An alternative known as mediation is an excellent opportunity to divorce your spouse, yet accomplish the goal in a less emotionally and financially traumatizing manner. When an option to save time and money is available, it is worth consideration.

What Do These Terms Mean?

The standard road to divorce leads through litigation. Ultimately, after evaluating and listing assets, a judge reviews the items and distributes them accordingly, usually without consideration of the wants and needs of either party. The judge will determine what is best for the child, and those will be the standing orders for child support, visitation, and custody. The process is long and time-consuming, resulting in an unpredictable outcome.

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