There are many benefits associated with choosing mediation to resolve issues during a divorce. These include limiting the amount of money spent on attorneys by resolving things before the divorce is presented to a judge and finding mutually tenable compromises that might otherwise require judicial intervention (and a decision that makes both parties unhappy). If there is any chance that you and your estranged spouse may be able to work somewhat amicably through the more pressing issues, such as custody and support of any children and the division of the larger shared assets (such as homes, retirement accounts, and vehicles), working with a mediator may be in the best interest of everyone involved.
Divorce litigation sometimes turns into a bitter courtroom battle, and the family may have to withstand a lot of emotional and financial stress. Therefore, a spouse in California who intends to file for divorce may consider looking at the other options, besides litigation, that offer settlements outside of a courtroom. The court may sanction a divorce, without considering the impact that it may have on the people involved. Therefore, if the issues that lead to the separation can be resolved outside of court, it may save the family from potential financial and emotional stress.
Visitors to this website might recall a previous post that discussed the lower costs of collaborative divorce compared with the more traditional contested divorce that must be litigated. The blog post also noted that the high costs of contested divorce keep many couples in unpleasant marriages. This phenomenon is true throughout California and many other states.
For the majority of American families, including those in California, the idea of going to court can be a somewhat frightening. Courts, however, are the final stop for couples going through divorce. For these couples, the question they must answer is, how will we get to court -- by litigation or by collaboration? When given time to think about it, most couples would prefer to avoid the stress of traditional litigation, particularly if they have minor children. This is where collaborative law can be so useful. It allows a couple to resolve almost every issue and only enter a courtroom to get a final decree.
Many California residents who are contemplating divorce may be worried that they will have to go into a court and argue over who is at fault for the end of the marriage. Some may actually be looking forward to that experience. But in most cases, it's better to minimize the amount of time the parties have to be in the courtroom.
Very often couples in the United States, including those in California, do not want to go through the elaborate process of divorce litigation. Many have found divorce mediation a cheaper alternative to courtroom divorce. An amicable divorce not only reduces the costs associated with divorce but also helps minimize the emotional stress associated with courtroom divorce.
Almost half of all marriages in the country end in divorce, and California is among the states with the highest divorce rates. The end of a marriage signals many changes to come and the very nature of a divorce may cause emotional turbulence and stress to the parties involved.
Due to the bitter feelings between estranged spouses or intimate partners, divorce is often acrimonious. Divorces can also have grave financial repercussions. Issues such as the assessment of spousal support, child support and child custody can become major points of conflict during a divorce proceeding. In such cases, out-of-court settlements for divorce related issues can prove beneficial.
Divorce mediation is a process by which estranged spouses seeking a divorce can negotiate terms and conditions that would be favorable to both parties in front of a neutral third party. Divorce mediation, however, is different from arbitration. While an arbitrator has the power to make decisions which can be binding on both parties, a mediator does not have any such authority. Most states, including California, allow mediation proceedings in divorce cases.
Due to the legal complications and emotional stress involved in the process of divorce, many married couples in California may shrink away from initiating a divorce. From lawyers' fees, to the time lost in arguing in court over issues such as alimony, child custody etc., the traditional process of divorce can be daunting and complicated for many people.