Other than your home, considerable joint property exists in valuable items present in your home. Similar to the appraisal of the real estate before your divorce, it is a good idea to appraise the personal property as well. This is as the total value of your personal property can add up to a large amount. Only after you determine the total value, can you decide upon a fair property division. An appraisal of personal property can assist to insure items from future damage.
Antiques belonging to your spouse
It is likely that you do not personally own a multi-million dollar antiques collection but you want a fair share of all the marital assets. It is easy to know what is your fair share. This is usually the assets you and your spouse shopped together. It does not matter who paid for the goods. What matters is that you have helped your spouse to purchase them. Do understand that you require a thorough appraisal of the personal assets to arrive at a fair share.
Antiques and value appreciation
You should always think of your future when there is prospect of a divorce. If you are a woman, keep in mind that women generally earns much less than men. Many women exhaust their money quickly post divorce. A few divorce experts recommend that you should take the antiques over the car. The rationale behind this advice is that antiques go up in value while the car’s value depreciates over time. It is also to be factored in that majority of divorce lawyers have minimal knowledge of appraising. They have zero knowledge of antique furniture or stamps which you and your spouse have bought when the marriage was on solid ground.
Formal appraisal procedures involve a number of sequential steps. A generic process starts with you reading and accepting the appraisal terms placed before you. This can be both physical paper and in online form. You must complete all fields present in the form. This helps to make a better appraisal. You will be asked to send a photograph of the item. You may be asked to send a portion of the payment in advance for appraisal services.
Orange County divorce attorneys in California can work with professional appraisers to critically examine the assets of their clients. They also protect them. Lawyers select only those appraisers who have proper educational background. Only the latter could provide current and correct values of collectibles, art and antiques.
To separate from one’s spouse or partner is one of the most difficult and painful decisions to make. If you are a married person, the lives of you and your spouse get intertwined in many ways. Separation can be a devastating experience when a spouse is still in love with the other spouse.
However, it is important to note in this context that a divorce may not be a necessary outcome of every separation. There are several couples who look at separation as a much-needed opportunity to work out issues and also get some space to think. No matter what the ultimate outcomes are, one should not take the decision of separating in a light-hearted manner. In case you are contemplating to separate from your spouse, these are some of the things you should know:
It s crucial to lay down some ground rules
When you are trying to make up your mind about separating, establishing ground rules may not be something you take seriously. But when you establish a few ground rules to start with, it becomes simpler to point out what you are looking out from your separation. Firstly, it is important to indulge in some serious discussions with your partner. You should make a joint decision on if you will be in touch with each other during the period of separation, where you both will live and so on. It is also critical to have a consensus on how to take care of difficult issues such as visitation arrangements and child care and whether you can date a new person or not.
Be happy of having a strong support network
When you have a great support network in place, life becomes easier while you are separated from your spouse. Having a supportive family and close friends during this trying period will make your life easier and calmer. You can also contemplate consulting a professional and reputable therapist to guide you. Such experts will listen to your problems and guide you to sort out your deeper issues.
Feeling relieved is not unnatural
When your marriage is going through a rocky phase, the decision to separate and the process of separation can bring in a deep sense of relief. So, such emotions are not unusual at all. However, at the same time, you should not regard this sense of relief as a symptom that you will be happier to separate forever. Separating from your spouse does not signify that your choice of partner was incorrect. It only indicates that the present situation is not correct and there are some things that must change.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Mediators have increasingly become important in divorces and often play a vital role in determining the outcome of divorce. In some cases, mediators are successful at stopping a bad divorce from taking place.
As a mediator, you need to keep certain points in mind before you can proceed with a mediation for same-sex couples.
Keep things in perspective
It is a serious matter but don’t make it so serious that the couple feel that a divorce is the end of the road for them. Keep things in perspective. Allow them to focus on important issues and be calm about it.
Try to save the marriage first
Most of the time, you will try to sort out the differences between the two individuals. However, in case of same-sex couples, try to save the marriage if there is a possibility to do so. Tell your clients the pros and cons of getting a divorce and help them decide the best course of action.
Be sensitive about what you say
How you talk with heterosexual clients may not work for same-sex couples. Try understanding their psyche and look at things from their point of view.
Conclusion
Same-sex marriages like heterosexual marriages are prone to divorces too. It is difficult for same-sex couples to split because finding a partner is not easy for them. Once they find someone who they are comfortable with, they try staying with the same person for the rest of their life. However, problems can arise anytime and sometime they lead to divorce. Divorce mediation for such individual is a bit different than regular mediation process. The sensitivity meter is higher and mediators should know what they are talking about. Also, same-sex couples prefer options for saving their marriage rather than learning about the best way to do a divorce.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
As technology keeps expanding its base, more and more avenues open up where technology plays a crucial role. For communication purposes, technology has become absolutely necessary. One of the new areas where technology has made its presence felt is divorce mediation. Divorces have become a common affair in the U.S. as more and more couples head for a divorce instead of staying in a bad marriage. Therefore, the job of a divorce mediator has become increasingly important and mediators are now looking for newer ways to connect with clients.
Virtual divorce mediation is mediation done through an electronic mode. It mainly takes place through video chat and other visual communication tools where clients and mediators interact with each other.
How it differs from regular mediation process
In a regular mediation process, the mediator sits with both parents and decides how the marriage can be saved or if it cannot be saved then how the divorce should take place. Over the last few years, mediation has become an important factor in divorce and many couples have even saved their marriage from unnecessary damage. A virtual divorce is the same except here, the clients and the mediator interact through an electronic medium. Even interacting through phone can be a part of virtual mediation.
When is it used?
A virtual mediation is best when the client is away from home but still needs to go through the divorce proceedings. It’s good for people who stay out-of-state for long periods of time. Also, it works well when both spouses are away from each other and the mediator needs to interact with both of them. A digital mediation process will help bridge the communication gap between both parties. It also works when the interaction involves children. Kids have become used to technology and therefore, it becomes easy for them to interact with someone through an electronic medium.
Conclusion
Mediation processes are important for settling disputes between couples who are heading for a divorce. Since the number of divorces are increasing day by day, it is becoming important for mediators to keep up communication with their clients. And one of the best ways to do so is through a digital media. Video chats can be done from almost anywhere and it helps mediators and clients communicate effectively with each other. Virtual mediation is therefore the latest communication tool for mediators of the 21st Century.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
While divorces and legal separation are commonplace these days even after years of togetherness, it is important to ensure that the process is carried out smoothly without further hatred and ill feelings towards one another. Today, many couples decide to embrace mediation for sorting their marital issues in a civilized way while parting so that they can save their money and have no misgivings. Such goals are easier to fulfill when both parties are ready to opt for a mediation while their divorce is underway. Check out how you can do your homework prior to mediation so that the possibility of getting success is higher.
1. Emotional preparedness
While it may be an obvious one but there are occasions when people cannot keep their emotions under control while discussing about their finances, marriage or children. You should understand that mediators will not be surprised when they find frustration, fury or tears from both sides. There are some people who may have been concealing their true feelings until now and are stunned to see them coming out in the open. When such emotions surface before others, mediation can get stifled. But you should not let your feelings prevent a fruitful mediation. It is important to take a deep breath and gather your emotions and thoughts. You may even request a brief respite.
2. Preparedness with figures
When you want to opt for a mediation for discussing finances, income and properties, a thorough preparedness becomes a necessity. If you want to adopt a number you feel is accurate such as the worth of your marital house, attend the mediation session with the relevant documentation to establish your viewpoint and facilitate the progress of mediation in a smooth manner. Many spouses are known to feel comfortable and relaxed while arriving at an agreement related to finances when they are confident about their figures. Thus, a discussion on proper calculations backed by concrete figures can make the mediation process an effective one.
3. Be prepared to listen more
While it may sound cliche and immature, the framework for any fruitful mediation is to listen to the words of the other party carefully while the mediation is going on. When you listen patiently and prepare your responses carefully. your mediation can be more productive.
Professional Orange County divorce mediators are available to facilitate, assist and guide their clients so that both the parties can have a highly productive discussion and reach an agreement at the end. When both parties are willing to work together and are emotionally and literally prepared for it, the likelihood of a successful and effective divorce mediation can go up significantly.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
In case you are contemplating divorce, you may feel apprehensive about approaching a court. Most people feel scared and nervous with the prospect of going to a court and testify before a judge while they are going through one of the most critical phases in their lives. Stress is the last thing you want to go through at this crucial juncture of your life. Mediation can prove to be an ideal replacement for a trial in the courtroom in divorce cases. It is a process that serves its purpose for cases of uncontested divorces as well as for those divorce cases that can eventually become uncontested when a skilled Orange County divorce mediator is involved.
Benefits of taking assistance from a professional mediator
Resolve marital conflicts: Effective mediation can help in resolving marital conflicts between the couples and arrive at a consensus about the different divorce terms. The purpose of mediation is to concentrate on working together and it is not an adversarial procedure. An unbiased mediator guides both the parties while addressing their individual needs and solve their problems.
Spouses can remain in control: Both the parties can choose their discussion topics and define any settlement terms instead of the details being dictated by a court. The spouses have complete control over the discussion process.
Mediation is less costly: Litigation costs much more than mediation. If a spouse has to get the divorce through a trial then his or her divorce attorneys need to spend several hours for appearing in the courtroom and drafting motions.
More flexibility: A mediation process is much more flexible as compared to a litigation process. When you approach a court, you have to be present when your hearing is scheduled by the court, On the other hand, with the assistance of professional mediation, sessions can be arranged according to your own convenience. It is possible to participate in a mediation meeting even via a conference call or an online video chat.
Quicker resolution of case: Thanks to mediation, you need not wait for a date from the court that may take several days. Since you can schedule your mediation sessions, achieving resolution is a faster process and you can start your new life thereafter.
Why mediation is good for uncontested divorces?
Are your expecting to get an uncontested divorce? If that is the case, mediation is an effective process to work out the contentious issues in such a way that proves to be beneficial for all the involved parties like your kids, your spouse and you. It is a process that offers a way to work closely with your estranged partner to sort out all the pending issues without the trouble of approaching a court.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Although there is a positive reputation attached to a divorce mediation as a sensible alternative to a litigation, there are very few people who are well familiar with the process. Contrary to popular belief, divorce mediation is quite a different process. It is meant for those reasonable couples who are unable to sort out their conflicts and misunderstandings by themselves.
There are many such couples who believe that there is no need for a divorce mediator. Rather, they should seek out a good family-law lawyer for getting their settlement through a court. Further, their situation does not qualify to undergo mediation since mediation is a process to sort out disputes and there is no dispute between them. These people feel that they have everything what mediation can offer to them. They also opine that their best option is to get the settlement done through an approval of a judge, in order to save their precious money and time.
What is divorce mediation all about?
It is a technique of dispute resolution between an estranged couple outside the court, which helps them to sort out their differences in an amicable manner. There is minimal involvement or intervention of the legal system of the state.
Mediation facilitates a structured process for reducing the friction and differences, which can be typically found while spouses converse during their negotiations or settlements. The process accomplishes it by fostering a non-controversial ambiance, encouraging both the parties to be amicable while sharing their concerns and thoughts to their estranged partners.
Orange County divorce mediators use an impartial and neutral third party approach so that the disputes between estranged couples can reach a logical and peaceful compromise, which is acceptable to both.
Role of a divorce mediator
Do not be under an impression that a divorce mediator is an arbitrator, judge or a referee. Plus, they are not the people to take the final call on which party will win or lose. The only job of a mediator is to guide both the parties while negotiations are going on.
A spouse should be at their best behavior if they hope to convince the other party to be okay with an agreement outside the court. It can be quite tough to accomplish it since a divorce may not put the parties in their most charming behavior, It is precisely where a mediator comes in the picture. They can direct the dialogue and interaction between the two parties so that the potential hazards during the negotiation process can be minimized.
In order to ensure that the mediation process is fruitful, both the parties should be reasonable in their thinking for negotiating a final settlement.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Most marriages don’t end at the point of physical separation of the two partners, but were most likely dying slowly for a few years before that. In many cases by the time spouses actually separate and file for divorce there are already a lot of negative feelings for each other. When separating couples find it hard to agree on anything and hostilities run high it would be wise to hire a divorce mediator.
While having a divorce mediator is a good idea for the smooth progress of a divorce it is even more important when children are involved. Parents who are going through their own share of trials during a divorce can often overlook the impact the process is having on their children. Having a divorce mediator gives room for an objective third party to step in and provide constructive solutions which is in the best interest of all involved.
The Advantages Of Hiring A Divorce Mediator
You and your spouse can sit down together with the mediator and decide on the terms of your divorce. A meeting like this gives you the space to discuss issues like property division, paying off of debt, etc. and find workable solutions that you both agree on.
Together you can both work out a plan for custody rights and parenting of your children. Decisions like whether you will co-parent or one parent gets full custody while the other gets visitation rights, can be taken with both your cooperation.
If you decide to co-parent, together you can make a road-map for how things will proceed from this point on. Many points like how the child or children’s time is distributed between both parents, who gets what duties and what to do in emergency situations can be discussed.
Any roadblocks that come up during the meeting can be arbitrated by the mediator and a solution can be found peacefully.
How Divorce Mediation Helps Co-Parenting
When you consider all the points mentioned above, you also see that having a divorce mediator trains you to work as a team. Co-parenting requires teamwork and learning to cooperate with your former spouse peacefully is invaluable to the emotional and physical well-being of the children.
We offer divorce lawyer and divorce mediator services in Orange County, CA. Our practice is based on California specific divorce laws and we follow all the requirements put forward by the state. Our divorce mediator services have facilitated the amicable divorce of several couples and created a smooth transaction for the children.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
These days, couples can get divorced through various ways. Some of these ways are litigation, collaborative or mediation. But how do you conclude what is the right method for you? Divorce mediation is a method of procuring a divorce when a neutral and unbiased third party, selected by both the spouses can facilitate discussions to address and resolve various issues related to a divorce. But mediation is not binding unless it is mutually agreed by both the parties.
Check out some of the common principles through which divorce mediation can be conducted to resolve issues:
Private
A mediation process engages only those stakeholders whose presence is needed to reach an agreement. The stakeholders typically include the spouses, a financial neutral or a coach if required and the mediator, agreed by both sides. The records or notes exchanged in the mediation process can never be used in future court proceedings if the mediation does not work out for whatever reasons since they are public records. In a majority of cases, mediators tend to destroy the mediation notes and records after the process is completed for this particular reason.
Voluntary
It could be made mandatory for both the parties to attend an initial meeting if a judge orders so. However, follow up participation is voluntary in nature. The court cannot impose a resolution on either spouse. Plus, all resolutions that are arrived at should be voluntary and mutually agreed upon.
Confidential
Strict confidentiality should be maintained for all mediation sessions and are restricted to only those professionals that are approved by both the spouses as mentioned above. In case a party requests for any kind of access to mediation information, both the parties should put their signatures allowing so. Both sides should also be willing to the fact that secrecy should be maintained due to some compelling reasons or it is beneficial to do so.
Decision-making should be done in an informed way
Both the parties should have the essential information required to make informed decisions with respect to the resolution of their conflicts.
Whether divorce mediation will work for you or not depends on your unique situation. It may work out for those couples who want to divorce by embracing a cost-effective procedure and need to maintain a harmonious relationship even after their divorce is finalized so that they can co-parent their kids successfully. But there could be a scenario when one of the spouses may disagree to mediate. In such scenarios, opting for litigated or collaborative divorce can be a better alternative.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Divorce triggers both kids as well as adults to make several adjustments and face tough challenges. However, there is a difference in how each child responds to their parent’s divorce. While a majority of them will handle these challenges with maturity and sensibility and grow up into well-adjusted adults, there are some kids who go through behavioral and emotional difficulties when their parents go through a divorce. And though there are differences in the long-term reaction in a child to the divorce of their parents, many kids may go through emotional distress and emotions like conflicts, confusion, guilt, fury, anxiety, and sadness in the short-term. Such emotions pop up when there is a question of loyalty towards their parents and a strong desire to spend more time with their absent parent.
When you notice the following symptoms of distress with your child, you need to take appropriate action such as taking them to a therapist so that they can overcome their emotional problems related to the divorce.
Drastic change in academic performance
Do you find your kid is showing dismal performance in the tests? Is he losing interest in his school activities? This could be a telltale sign that he is emotionally disturbed.
Refuses to spend time with his/her parent
When there is no issue of child abuse in a family and yet a kid shows an unwillingness to spend their time with the parent, it can be a symptom that the kid feels the requirement of taking sides. A child should not feel that they are forcefully put in a situation where they have to select one parent over their other.
Increase in certain type of physical complaints
When you find them complaining about their physical conditions such as stomach aches or headaches quite often, it may mean that they are going through a tough time to come up with the divorce of their parents. Allergy, stomachaches, and headaches are some of the most common symptoms that your kid is going through an emotional distress.
Prolonged and significant change in the behavior
You have always known that your child to be extremely polite bit you may find them being inconsiderate all of a sudden when your divorce case is going on. Your outgoing, gregarious and talkative kid can express less interest in social activities and friends.
Does not show keenness to engage in family, school, athletic or social activities
This is another important symptom that your children are clinically depressed as a result of your divorce from your spouse.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.