Each 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:

A 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.

Your 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.

After years of working and saving for a future for yourself and your family, you and your spouse have decided to end your marriage. During the divorce process, most clients immediately understand that the assets need to be divided. Assets include everything from debts to the money in the bank account, to the house and the items in the junk drawer (provided that it is not trash hiding in that collect all drawer). Assets also include that retirement plan on which you have been diligently working.

Who Gets the Retirement?

You earned the retirement, so naturally, you are hoping that you are the one who gets to keep the retirement plan. The reality is, retirement is an employment benefit, just like any income earned. Additionally, any profits obtained during the duration of the marriage up until the date of separation are a part of the community property. As you may know, California is a community property state, meaning that everything valued to be community property is divided equally between the two parties at the time of the dissolution of marriage.

If 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: