Comparing Approaches to Divorce in California

By Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsDivorce is one of the most important decisions in one’s life and should be taken after considering all other solutions. There are three major ways that couples look to get themselves divorced: divorce litigation, divorce mediation, and collaborative divorce.

This blog is going to provide a quick breakdown of all three of these methods, so that you are able to make the right decision when it comes to choosing your mode of divorce.

Who Has The Power To Decide?

In mediation and collaboration, the two spouses have all the power to resolve their issues and reach a solution. This can sometimes result in bitter conflicts and wastage of time. More often than not, the bitterness of the divorce can make the spouses stubborn and unwilling to make compromises, and where divorce mediation may not work.

Case Types

·         Divorce Litigation

The majority of divorce cases are decided through the Orange County litigation proceedings. The reason for a large majority of cases being decided through litigation is because most spouses tend to have trust in the decision of an impartial judge.

·         Collaborative Divorce

Collaborative divorce is used by spouses that are willing to work with each other but want the help of their lawyers and others involved in the collaborative process in making sure that their divorce goes down smoothly.

·         Mediation

In cases where couples are looking to end their divorce without having to battle it out in court and have the most cordial relationships, mediation is exercised.

Confidentiality:

·         Divorce Litigation

Divorce litigation is an open process with the records, the facts, and the information used in the court being public property. While this may be a hindrance as to the confidentiality part, yet the fact that they are able to be open to public ensures the transparency of the whole method.

·         Collaborative Divorce

In a collaborative divorce, all the facts of the case, the legal information, and the financial and other documents are kept confidential and only the final decision that has been taken is made public.

·         Mediation

Much like collaborative divorce in mediation too all the facts of the case, the legal information, the financial and other documents are kept confidential and only the final decision that has been taken is made public property.

What Is The Best Choice?

Choosing the better choice among the three methods depends primarily on what suits you, but it is important to know that divorce mediation is the most cost-effective and expedient option.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”