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Mediation and Litigation
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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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Posted on in Mediation

California divorce lawyer, California mediation attorneyWhen a marriage comes to an end, there are a wide variety of emotions experienced. Grief, anger, and anxiety of the unknown are just a few commonly expressed. While the two separating spouses are deciding how to arrange parenting time with the children and how to divide the assets, there may be another stress over the loss of control of the situation. When emotions run high, the “fight or flight” mode initiates and many people choose to run and let a judge do the dirty work. However, mediation is advisable for those seeking control over their situation.

Losing Control

Once you get in front of a judge, consideration is not typically given to the items you want and the arrangements you request. California is a no-fault state and no matter what happened during the marriage, these events will not be considered. The property splits into community property and separate property. The community property is then divided into two halves, regardless of feelings and how you came into possession of the articles. Judges are meant to be impartial and fair.

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California divorce lawyer, California family law attorneyIf you are in the middle of splitting up with your spouse, you may be searching for the best possible resolution options for yourself. Once you are certain that this is the end of your marriage but want to forgo a lengthy and expensive divorce proceeding in court, a viable option for you may be mediation. Mediation has many positive advantages and can be the right choice for you. 

What Is Mediation?

If you and your spouse are having difficulty agreeing to a property division, child support, visitation, or even spousal support/alimony, consider mediation. Understand that if you go in front of a judge, that judge must follow the law in making decisions. In mediation, the mediator will listen to both sides of the story and help to find a solution agreeable to both parties.  

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Posted on in Divorce

b2ap3_thumbnail_conflict-resolution_20160330-200810_1.jpgChoosing to split from your significant other is not a matter that should be taken lightly. It is a serious life-altering event that should be treated as such. However, it does not necessarily need to be a war between spouses either. There are several options for conflict resolution during a divorce to help make the process a bit more amicable.

The Object of Divorce

Many people focus on the overall objective when thinking of divorce. It is a split between a marriage or partnership. Yet, it entails more than just going two separate ways. Two lives have been woven together for years and now must strand by strand be unraveled from each other to ultimately become two separate entities once more. A dissolution of marriage is ultimately breaking apart everything encompassed in the matrimonial bond. Some of the issues that may have to be addressed are:

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