If you are considering a divorce in Carlsbad or North County it would be helpful for you to have some general information about family law mediation. The greatest source of expense in a divorce is the resolution of all areas of disagreement between the former spouses. Mediation provides a private, efficient and cost-effective option for resolving these disputes and moving things forward.
Although it takes two parties to say “I do”; it only takes one party to say” I don’t,” often leading to an emotional and contentious divorce. When irreconcilable differences arise leading to a total and irreparable break down of the marriage then the former spouses should consider preparations for a divorce.
In California there is a required six-month waiting period before the marital status can be terminated. This provides an opportunity for the parties to work through their issues and in some cases leads to reconciliation. In other cases, it is time to begin preparations and thinking through issues associated with the divorce.
The parties do not have to wait the full 6 months to come to an agreement resolving any or all of the issues associated with the divorce. If the parties come to an agreement then a judgment may be entered. This way, the divorce is granted automatically at the expiration of six months and the parties are restored to a status as single persons.
The most efficient method of resolving a divorce case is negotiation between the parties and their legal representatives. In order to accomplish this, the parties must be fully informed as to the nature, value and extent of community property. This is part of the initial financial disclosures and includes all of the income of both parties and in general the amount of income from each source (employment, Investments, gifts, family, business interests, etc.) as well as the liabilities and expenses associated with the parties and their assets.
If the parties are unable to reach agreement on every item contained within the separation agreement mediation is a strong option to consider. It is helpful to have some general information about family law mediation as you consider this alternative.
Mediation is a confidential and private environment, separate from the legal proceedings. This keeps your personal business out of the public record. Generally speaking, what happens in mediation stays in mediation. This also means that all information, discussion and documents shared in mediation are protected, and not simply considered as “evidence” in the divorce case. The mediator works to help the parties to articulate their positions and gain an understanding of the other party’s point of view as well as applicable law.
The mediator then helps to work through issues of disagreement, identify potential solutions and ultimate craft a resolution to some or all of the issues which both parties can live with. Mediation is a non-confrontational, safe environment designed to help the parties to resolve their differences. It is important to note that multiple studies have shown parties who reach agreement in mediation are much more likely to abide by those agreements after the divorce. This reduces the likelihood of expensive and time-consuming post decree litigation.
It may be helpful, beneficial and ultimately economical to have one of our experienced Certified Family Law Specialists at your side going through the mediation process. Although this is not required it does help equalize the bargaining strengths of each side and will frequently eliminate the ability of one party to take advantage of the other.
We hope this general information about family law mediation provides additional food for thought as you approach your divorce. If you have any questions regarding divorce process and how to handle child custody and parenting time, support issues, division of community property or other challenges we invite you to review the strong recommendations of our clients and contact the experienced Certified Family Law Specialists at Burke & Domercq or call 760-434-3330 to schedule an appointment and learn more.