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CA family lawyerThe end of a marriage can be a difficult, stressful time, and resolving the legal issues that must be addressed during divorce can be a complicated undertaking. In many cases, couples choose to use mediation to reach an agreement on these issues, allowing them to avoid the financial and emotional costs of fighting their battles in court. However, the mediation process is often misunderstood, and people are not always aware of the pros and cons of divorce mediation. Here are some common myths about mediation:

  • A mediator will decide in one spouse’s favor - During mediation, couples will work together with the mediator, who serves as a neutral third party, helping them reach an agreement. The mediator cannot make any decisions; instead, they will help spouses understand the legal issues that must be addressed and work to reach mutually agreeable compromises.
  • Couples cannot consult with their attorney or other experts during mediation - During mediation, each spouse can speak to their own attorney, who can help them understand their rights and provide legal advice about the decisions they make. Spouses can also work together or separately with outside experts such as accountants or appraisers to ensure that they fully understand issues related to their finances and the property they own.
  • All outstanding issues must be resolved during mediation - Spouses may be able to address and agree on many of the issues involved in their divorce, such as the division of property, child custody, or spousal support, but there may be situations in which an agreement cannot be reached in some issues. In these cases, spouses can incorporate the decisions they have made into their divorce settlement while asking the court to make a decision on any outstanding issues.
  • Mediation is always preferable to litigation - While mediation can be beneficial for many couples, it will usually only be helpful if spouses are willing to work together and compromise with each other. If one or both spouses refuse to budge on certain issues, they may derail the mediation process, reducing or eliminating the benefits that mediation can provide.

Contact a Los Gatos Divorce Mediation Attorney

If you are considering divorce, the Law Offices of Benita Ventresca can help you understand whether mediation is the best solution for you, and we can work with you and your spouse to address your legal issues and reach a mutually beneficial agreement. If you are unable to resolve your divorce issues through mediation, we can provide you with dedicated representation throughout the divorce process, ensuring that your rights and best interests are protected. Contact a Los Gatos, CA divorce lawyer today at 408-395-8822 to schedule a free consultation.

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Posted on in Mediation

California divorce lawyerDivorce is rarely an easy decision, but when couples take steps to end their marriage, they are likely ready to leave a relationship that is not working and move on to the next stage of their lives. However, the process of divorce can be incredibly complex, and people are often unprepared for the costs involved in the legal process of dissolving their marriage. However, if couples are willing to work together to reach a resolution, they may be able to use mediation, which can allow them to complete the process more quickly, efficiently, and effectively. Divorce mediation provides the following benefits:

  1. Cost savings - Litigating a divorce in court can be incredibly costly. Each spouse will typically need to hire an attorney, and they will be required to pay for the time their lawyer spends preparing documents, communicating with the other spouse’s lawyer, discussing the case with them, and attending court. When using a mediator, however, the couple will typically split the fees for mediation sessions or any other services the mediator provides (such as preparing documents), and mediation can result in savings of 40-60% over the costs a divorce completed through litigation.

  2. Time savings - A litigated divorce can be a lengthy process, requiring multiple court dates that depend on the availability of the spouses, their attorneys, and the judge. In contrast, mediation allows a couple to resolve the outstanding issues in their divorce (including the division of property and decisions regarding child custody and visitation schedules) in a much faster and more efficient manner.

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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 lawyerMany people seek a divorce because they are tired of fighting with their spouse. Once they begin the divorce process, which typically includes property division, child custody, and setting support, they see that many more fights may be in store.

Perhaps it is the case that the other spouse is taking a tense situation and adding fuel to the fire. These spouses are considered to be high-conflict, and it can feel like there is no way out but to put up a fight.

With the help of a skilled divorce attorney, you will be able to deal with difficult situations and minimize the fighting. Here are some tips on how to manage a high-conflict ex:

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California mediation attorneyGray divorce - those involving spouses over age 50 - are on the rise in the U.S. Among this group, the divorce rate has roughly doubled since the 1990s, according to data from the National Center for Health Statistics and U.S. Census Bureau. Among spouses 65 and older, the divorce rate has tripled in the same period of time.

Experts say that baby boomers, who as a group experienced marital instability earlier in life, are contributing to the rising divorce rate in this age group as subsequent marriages tend to be less stable than first marriages.

Divorces among these population groups often focus on certain types of issues due to the station in life that the spouses find themselves in. Mediation with a qualified Saratoga divorce attorney can be a great fit for those going through a gray divorce for several reasons.

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