Many couples in California don't understand that there are alternatives to a litigated divorce. At our law firm, we show our clients how they can use mediation or collaborative divorce to settle child custody and property division issues. If your marriage is coming to an end and you are contemplating a divorce, our attorneys may be able to help you.
When California couples decide to begin the divorce process, determining who gets what can be complicated and costly. However, if an ex-couple believes that they can work together to come to a decision, they may decide to attend mediation to assist with the negotiations.
Divorcing couples in California may benefit from learning more about the considerations involved in the mediation process. Mediation can either be entered based on parties' mutual agreement or by a court order. Both parties will be issued a notice if the courts are requiring mediation. If there is a justifiable reason, such as domestic violence, either party may be entitled to object to the mediation. When the judge orders the mediation, a mediator may be appointed or the parties may choose one certified by the court.
California couples may wish to avoid the higher costs and emotional trauma many go through when litigating a divorce case through a hearing, especially in cases in which children are involved. Couples who have children can expect to have to communicate with each other for many years to come, and being able to come to a fair agreement can be highly beneficial to both them and to their children.
Divorcing spouses considering using mediation to arrive at an equitable divorce settlement outside of court may benefit from learning which events can lead to the termination of the mediation process. According to the California's state code, there are several conditions that could warrant ending any ongoing mediation. The process normally ends when the parties involved fully resolve the dispute and execute an agreement by drafting a written settlement. Mediation may also end if the dispute is resolved with an oral agreement that complies with specific criteria.
Ensuring that a fair division of assets occurs in a California divorce court requires an accurate determination of community property owned versus total debts held. Once a net value is finalized from their difference, a couple must then decide how much interest each person will claim in individual community property and debts in order to achieve as close to a half-and-half division as possible.