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Posted on in Divorce

Los Gatos divorce mediation lawyerWhile the divorce process can be a challenging experience for both parties, the end of your marriage does represent an opportunity to move forward in your life. Recognizing this, many couples will look to complete the divorce process as quickly as possible. In the state of California, the court requires a six month waiting period prior to the dissolution of a marriage. While this waiting period will hold true regardless of how you pursue your divorce, there are a number of ways in which you can simplify the divorce process and alleviate the stress of the dissolution. 

Understanding Divorce in California

In the state of California, the divorce process begins with one spouse filing for a petition for divorce. It is important to note that in order to file for divorce in California, a person must reside in the state for a minimum of six months, and they must be a resident of the county in which they are filing for a minimum of three months. According to California law, a minimum of six months must pass between the date the other spouse is served with the petition and the date in which the divorce decree or judgment is entered in court. 

Strategies for a Faster Divorce Process

While the six month waiting period is required in all California divorces, it may be possible to simplify the divorce process and ensure that all issues will be addressed by the end of this period. One way of doing this is through jointly filing for a summary dissolution. In order to qualify for a summary dissolution, spouses must meet a number of criteria. The duration of the marriage must be five years or less, the spouses must have no children together, and both spouses must sign an agreement that specifies how community property will be divided and states that neither party will receive spousal support

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California divorce lawyerThe divorce rate is so high and the cost of divorce litigation so expensive that there is in both California and the broader United States a divorce economy. Specifically, the divorce rate in California is a whopping 60 percent – twenty percent higher than the national average. The cost of divorce litigation is, at the low end, $40,000 per spouse.

In Orange County, 371 miles south of Los Gatos, attorney’s fees alone for 31 recent divorce filing ran on averaged an astonishing $150,000 per spouse. Not only that, but for each child custody evaluation flowing from the filings, California taxpayers picked up a $10,000 bill. If you are in the process of divorce or merely contemplating divorce and your head is now reeling from the potential financial toll, know that mediation is an alternative to divorce that has helped many Californians save both money and stress. With the help of an experienced Cupertino/Los Gatos divorce and mediation attorney, you can work to avoid costly litigation.

The Road to Trial Is Long and Costly

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California divorce lawyer, California mediation lawyerJust because your marriage is coming to a close does not mean that your soon-to-be ex-spouse is out of your life forever. On the contrary, in fact, especially if you have children. More and more splitting couples are discovering that divorce is not the end of the conversation. Regardless of communication practices during the union, divorce discussions are harder. You will want to remember that during a divorce that effective communication skills can make the process easier and help you effectively get the arrangements that you want and need out of the agreement. These are a few tips that help clients in tough divorce situations and make divorce mediation a viable option.

Tip #1: Set Guidelines and Boundaries for Discussion.

As the adage says, “familiarity breeds contempt.” No matter how long the marriage lasted, there are likely to be some issues that were left unsaid. Familiarity during a divorce can lead to crossing boundaries, which is often destructive to the conversation. These are a few common scenarios:

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Posted on in Divorce

California divorce attorney, California mediation lawyer, Perhaps you and your spouse sat down and shared a lengthy conversation about what is wrong in the marriage and determined the situation as irreparable. On the other hand, maybe you knew that there were difficulties, but assumed there was nothing you could not work out together. No matter the situation leading to this point, nothing adequately prepares you for the moment you receive divorce papers, even if you saw it coming. What happens next? Do you have to reply? What happens if you refuse? These questions and more often come to the forefront of thought during this time.

The Papers

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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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