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Mediation and Litigation
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Posted on in Mediation

California mediation attorney, California divorce lawyerWhen a couple determines divorce is necessary, often the idea of a long and drawn-out divorce litigation trial immediately comes to mind. Although a significant portion of the population turns to this divorce option quickly, most of the time this is because they are unaware of the other options available. In California, it seems everyone is looking to find a way to make divorce not only more affordable but also less traumatic. One such option is known as divorce mediation.

Alternative Methods to Divorce

There are multiple methods available for divorce options; each is a bit different from the last, but all have the same outcome: divorce. With these options, it is likely you will find an option that best suits your end goals. These methods are:

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California divorce attorney, California family law attorneyMarriage is as much a legal contract as it is a romantic union. Together, you make a sacred vow that is intended to last a lifetime. In many marriages, sexual exclusivity is a significant portion of that agreement. One partner choosing to stray beyond the boundaries of the union jeopardizes the deal. In other legal controversies, a breach of contract may result in restitution. In the realm of divorce and family law, does infidelity mean that the victim in the situation is owed damages through the form of spousal support?

Even Ground

California understands that not everyone will agree on everything, which is why lawmakers made divorce possible even if one side refuses to let go of the marriage. The state is also a “no-fault” state, which means that you do not need to have a reason other than irreconcilable differences with your spouse to leave. Based on this arrangement, everyone is equal regardless of any perceived transgressions, including cheating. Therefore, if taken to court for alimony payments, the judge will not take behavior into consideration. Factors that do influence the awarded permanent spousal support are:

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California child custody lawyer, California family law attorneyWe are in the middle of the busy holiday season, and newly divorced parents are learning to cope with a new lifestyle. This year, there may be new child custody and visitation arrangements between everyone, creating unique challenges during the festivities. Not only is the situation difficult for the parents, but it is also a strain on any children involved. Although fewer than 50 percent of children today grow up with a “traditional family,” the constant flood of family togetherness during holiday media can create confusion for your family. There are a few steps that can assist in making the season easier for everyone after divorce.

Start New Traditions

If the thought of going on a nighttime drive to see all the decorated houses causes anxiety and sadness because one parent is absent, perhaps consider a new venue, such as a park to see the lights or a holiday festival. Continue with the traditions that do not create a significant amount of negative emotions, but if necessary, start new ones. Other holiday traditions to consider for something brand new are:

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California divorce lawyer, California mediation attorneyThe dissolution of a marriage is a stressful process for a family. While mediation is supposed to ease some of the difficulties associated with divorce litigation in court, sometimes getting both spouses to agree to mediation can present its own issues.

Deciding to use mediation is one of the first of many decisions you and your estranged spouse will have to make, so it is no wonder that it presents a stumbling block for many couples. If you believe that mediation is a good fit, but your spouse is not as sure, there are several things you can do.

Get to the Root of the Problem

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Posted on in Paternity

California paternity lawyer, California mediation attorneyA presumed biological father is married to the mother at the time of the child's birth. For many families who have alternate circumstances, establishing paternity becomes a necessity later in life. The most common event requiring a biological link is if the two parents separate. Without definitive parentage, issues arise regarding visitation and custody schedules, as well as financial support arrangements. The process to create a court-recognized parental line can be quickly completed. However, this process can also become difficult and drawn-out without cooperation and preparation.

The Hard Way

When choosing which news to receive first, 75 percent of Americans prefer to hear the bad news first. Armed with this fun fact, let us discuss the hard way of establishing parentage. Typically, parentage cases are complicated only when one side is making a dispute. In cases such as these, it may become necessary to go before a judge. Often the judge creates an order for a DNA test to determine the truth of the matter. There are many reasons to keep the issues away from the courts, including:

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