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Divorce Alternative Dispute Resolution Archives

Why your prenup might not be valid

When you got married a decade ago, even though you hoped that you would never have to use one, you signed a prenuptial agreement along with your spouse. But 10 years into the marriage, it's apparent to both of you that you are ill-matched to go the distance.

California makes moves to end childhood emotional trauma

What's your earliest memory? It would be lovely if we could access the peace of time in the crib or the thrill of learning to ride a toy bike or a toy car. Unfortunately, the human brain is often wired to keep a larger impression of a bad memory, especially one with a sudden and tragic onset. In other words, the first accident on a bike or in a car is more likely to stay with us than our first ride.

Learn how to negotiate your divorce like a pro

If you plan to divorce, you may fare far better and spend much less money by engaging in divorce alternative dispute resolution as opposed to litigation. Negotiating your settlement with your other spouse with no professional assistance is sometimes possible.

Alternate dispute mediation can work in your California divorce

Are you trapped in a loveless marriage, but you're afraid to seek a divorce for economic reasons? Life is too short to remain miserable, and the first step is understanding that you have options.

Choosing between collaborative divorce and mediation

Ending a marriage is never a pleasant process, but the California legal system has two alternative dispute resolution procedures that may significantly reduce the emotional stress of a divorce. The first is mediation, and the second is collaborative divorce. The two divorce alternative dispute resolution procedures are significantly different, but they have a similar goal: facilitating participation of the couple in making all necessary decisions with a minimum of anger and confrontation and without the expense of a court trial.

Can child custody and visitation be settled via mediation?

California couples who are divorcing will be in dispute about many issues. Two of the most complex and emotionally charged are child custody and visitation plans. For many, this is not a situation in which they can come to an agreement no matter how hard they try. But there are cases where the differences are negotiable. When getting beyond the initial hard feelings about a parting of the ways and how the children will be situated, couples might find there is not a vast chasm between their positions. It is then that a mediator can help with family law negotiation.

A lawyer is essential when negotiating through collaborative law

Not every California divorce is contentious with the couple battling over every single issue large, medium and small. Since going to court can only exacerbate problems and add to the emotional stress, it can be useful to talk about factors that might be negotiable. In addition, going to court can be a costly and time-consuming endeavor. If the situation is such that the participants can discuss their differences and negotiate, using alternative measures through collaborative law can be beneficial.

Why divorcing couples should consider collaborative law divorce

There are many potential benefits of a collaborative law divorce. The idea of divorce may create feelings of trepidation and leave spouses feeling overwhelmed. They may be concerned about divorce related fights, acrimony and conflicts litigated in family law court. There are many stereotypes associated with the divorce process, however, there are also options available to help couples make the process as painless and amicable as possible.

Helping you decide which divorce method is best for you

Deciding to divorce is not an easy choice to make. Even more so, it is challenging to determine how best to approach this process. Thus, it become imperative that divorcing couples understand how they can approach the process and what mechanisms they can utilize to reach the best outcome possible.

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John T. Chamberlin, Attorney at Law
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