Going through a prolonged court battle that will not only deepen emotional wounds but drain both of your bank accounts makes an already fraught process even more difficult. One option to avoid the court is to go through divorce mediation instead of a court battle.
Mediation law is more flexible and usually a more affordable process, which is why many couples go through mediation before resorting to going to court. Here are the basics of this process.
Divorce mediation is a way of settling divorce that is an alternative to going to court. In mediation law, instead of meeting in court with lawyers, a couple will meet in a more informal setting (even online) with a trained divorce mediator. The mediator may or may not be a legal professional but has special training as a facilitator to make discussion work. Ultimately, the decisions are up to you and your (former) spouse.
A mediation process can work through all of the issues that an expensive process in family court can, such as custody sharing, asset division, and more.
While the Divorce Mediation process will look different for every couple depending on their needs, the basic contours of the process are the same. Usually, divorce mediation goes as follows:
There are many reasons why couples opt for mediation instead of going through the courts. The biggest one is cost. The cost of paying a mediator and sitting down with them is much lower than the cost of hiring lawyers for the entire process of a divorce trial.
Mediation also gives couples much greater control over their future. You are not beholden to a court schedule but can work issues out on your own time and work out solutions to your problems that work for your situation instead of sticking to proscribed legal options. Mediation also makes it much easier to move on with your life and start your post-divorce life on more amicable terms, especially if you will have to continue seeing each other due to shared custody.
Many people wonder about how divorce mediation fits within the law and worry that mediation will cause them legal trouble down the line.
However, mediation is actually an option that is encouraged by California courts as it allows them to focus on cases that actually need their attention and guarantee that every couple gets the legal advice they need.
The California family court system actively encourages divorcing partners to seek out mediation if it is safe for them to do so. There are still some legal requirements for couples who opt for divorce mediation. For example, all divorcing couples need to file paperwork with the court.
Some mediators offer paperwork as an additional service, while others do not. You could file the paperwork yourself without and still keep your interactions with the family court system to a minimum, but we recommend having legal counsel.
The courts also act as a supplement in situations where divorce mediation doesn’t resolve all the issues present in a divorce. When a couple cannot agree on a certain issue, such as child custody, they can go to court just to get a ruling on that issue to supplement their mediation settlement.
For many people, one of the seeming benefits of going through the mediation process to resolve a divorce is that you don’t have to hire a family law attorney. However, having a lawyer by your side may be beneficial in a lot of mediation situations. While some mediators don’t allow attorneys as they believe it makes the process more hostile, others will encourage parties to get attorneys if it makes them feel more secure.
There are a few benefits to having an attorney by your side during mediation. You will have an additional advocate for you, which is especially beneficial if you are going through a hostile divorce with a partner that tends to be bullying.
If the other side has an attorney, you absolutely need one as well to protect yourself from legal maneuvering. Having an attorney at the ready can also help if mediation fails and you need to go to court after all to address the issues brought up in mediation.
An attorney can also help you identify if mediation poses a risk to your safety, and you should go to court. If your partner has a history of abuse towards you or your children, is hiding assets, or wants to pursue an at-fault divorce, then you will need to go to court.
Whether you opt for divorce mediation or court or are curious about divorce mediation costs versus going the courts way, get advice from the family attorneys at WGS Law today!
by Flora Garcia-SepulvedaThe divorce decree and divorce certificate are two crucial documents that often cause confusion. This article helps readers handle post-divorce issues and...
by Flora Garcia-SepulvedaEmotional abuse, or psychological abuse, can have a real impact on your mental and emotional well-being. It may not leave physical scars, but the effects...
by Flora Garcia-SepulvedaGaslighting is a form of psychological manipulation in which one person tries to make someone else question their own sanity.
It’s nice that you mentioned how divorce mediation could give couples much greater control over their future. I was checking out social media last night and I saw that one of my former classmates recently had a divorce. I heard divorce tends to be quite messy, which is why some couples prefer hiring a professional to mediate divorce.