Deciding to end a marriage in court may no doubt be one of the most major decisions an individual California resident makes in life. Just the thought of divorce is enough to make some people’s blood pressures rise. A high priority for many who are currently preparing for divorce is financial stability. Some choose divorce mediation as a means to save both time and money.
Mediation is an alternative to conventional litigation, although some may ultimately determine litigation necessary even after entering the mediation process. Mediation is definitely not the best choice for every couple; however, for those on amicable speaking terms, it may be a good fit. It typically takes place in a private setting where calm discussions may occur to negotiate all terms and agreements of a divorce settlement.
It would be highly unlikely that every issue would be resolved in a single meeting; therefore, spouses usually agree to attend a series of meetings, addressing one or several matters per session. Willingness to cooperate and compromise is a key factor toward successful divorce mediation. A neutral mediator remains present during all discussions in order to facilitate peaceful, fair discussions.
California is one of only nine states in the nation that governs property division in divorce by community property laws. This means that all marital property is automatically assumed to be owned 50/50 in divorce unless a prenuptial agreement exists to keep one or more particular assets from being subject to division. During divorce mediation sessions, both spouses must agree to be completely forthright with regard to full disclosure of finances. An experienced family law attorney would be a great resource for anyone wanting to learn more about the processes of mediation or litigation.
Source: FindLaw, “Divorce Mediation“, Accessed on Nov. 14, 2017