Common Misconceptions About Divorce Mediation in California
Divorce mediation is an attractive process for California couples that seek to resolve their disputes amicably without the need to have a public battle in court. However, there are still a lot of things that people do not know about divorce mediation and common misconceptions that exist about the topic.
Mediation is the best option
The whole point of an amicable settlement without the divorce going to court sounds attractive to most people, but divorce mediation is not always the best option for couples. This is especially true for couples in which one partner has a history of emotional abuse, and for couples that need to untangle and split a complex web of possessions between each other.
Pets cannot be a part of the mediation process
This is completely untrue as the California government recently passed a law concerning the division of pets in a divorce. The mediator can advise the couple on who is most likely to receive ownership of the pet or how they can work out a pet-sharing deal. This prevents people from stealing pets from their former partners and allows couples to settle the dispute amicably.
Mediation does not require individual lawyers
The mediator is typically a neutral party whose job it is to guide both parties in the divorce. However, it can be a complex process, and not seeking an attorney can be a very foolish thing to do unless you have complete knowledge of the law. You should definitely have an attorney who looks over the final mediation document before it becomes official. Both the parties are advised to have independent attorneys to safeguard their interests.
Mediation is not better than litigation for children
Most people assume that divorce is always going to be bad for their children no matter what. They assume that litigation and mediation are the same, but this could not be farther from the truth. By its very nature, litigation is an adversarial process that promotes a climate of tension, ill will, and stressful court appearances. On the other hand, mediation promotes a culture of cooperation and a desire to settle disputes amicably without excessive volatility. Mediators are trained to be concerned about the emotional and psychological well-being of the children involved, and it can be considered to be a first step to the future where the parents will no longer be together.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Riverside divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
