If a California couple decides to end their marriage, they may want to consider a mediated divorce. This involves having a third party who is neutral help a couple decide the applicable legal issues. While this type of divorce can help individuals save money, it is not right for everyone.
For a mediated divorce process to work, people need to have been in a relationship that did not involve abuse or criminal activity on either person’s part. The same type of abusive tactics used during a marriage could be used during mediation to give an individual an unfair advantage.
It’s also important that people going through a mediated divorce are able to speak up for themselves but are also able to understand where their spouse is coming from as well. Individuals need to be able to make a case for their own position, but they also need to be able to see things from their spouse’s point of view so that negotiations can move along. If a person will not give any credence to what is being said by their spouse, arguments will often drag on and the process may reach a stalemate.
If mediation won’t work for a couple, their divorce will likely head to litigation, with the result that a judge will make determinations on property division, alimony, and child custody and visitation. Judges often have a large amount of discretion in how they decide these matters, which is why many attorneys often advise their clients to seek to come to an accord through negotiations or mediation.