Going for A Collaborative Or Mediated Divorce
Divorce courts in California work under the same rules used to courts to tackle other disputes. It is seen frequently that such courts are unable to function properly in solving disputes related to divorce. Collaborative or mediation law can turn out to be better in such cases.
Court alternatives
Divorce issues can be resolved by three ways. All of them are regarded as much superior to the court methods.
Work out solutions together
Both you and your partner or spouse may sit down and then reach agreements on how the possessions and debts be divided. You two should also decide whether you or your spouse will pay support to the other and the amount of money. In case you two have children, how they will be raised. To some couples, these can be easily solved and could be done in a single meeting. Many couples may find the proceedings difficult and may complete this task over a number of meetings.
Mediation
In such a case, the couple meets with another neutral person. This third person is termed a mediator. This person will help the both of you through the complete process of reaching a particular agreement on possessions, child custody, debts and support.
Collaborative law
Both your spouse and you choose a specially trained attorney who is proficient in collaborative law. This divorce method is growing in popularity. This process is dependent on a pledge made in writing by both spouses where they reach the agreement on divorce terms without visiting a court. It will be agreed that in case either party disrupts the agreement, and moves towards a court proceeding, both the attorneys should withdraw from that case and the spouses should hire new lawyers to restart the process.
When court is the best option
There can be situations where these alternatives may not work. In such cases, taking the matter to court could be the only way out. This especially happens if there is a combative counsel. This involves one of the spouses to act upon directions dictated by an aggressive lawyer. The latter has in all probability convinced the client that collaborative law will not generate a good outcome- and judges are the best way forward. In case your spouse has such a lawyer, then prepare for expensive and unproductive days at court.
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 Orange County 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.
