Mediation Puts You In Control Of Your Divorce
If you or someone you know has gone through a court divorce process, then you are aware of how frustrating that process can be. There are many rules, deadlines, hearings, words, and concepts that seem very foreign to everyday common sense. There is a reason lawyers have to go to three years of law school and judges have to seasoned veterans. A divorce can even be more complicated when children are involved. You may have to attend meetings with a custody evaluator who then makes a recommendation to the court. You generally will have to hire an attorney, miss work to attend hearings where you wait for hours, and then let a person who does not know you or have to live with the results make the final decision. Ask yourself if you know anyone who has gone through a court divorce and been happy about it?
In all divorces, there are basic issues that need to be resolved:
Divorce is a final resolution of how your personal and real property will be divided. A "judgment" is entered by the Court stating who has legal right to and sole access to the property accumulated during divorce. During mediation, you can determine how to divide your assets in a way that works for both of you. Mediation allows for the time for both of you to understand what assets you accumulated and decide who gets to keep such asset or whether such asset needs to be sold and the proceeds shared.
If there is debt from the marriage, the debt is allocated to either one or both of you. Mediation provides for a deeper understanding of your unique situation and how such debt should be allocated in a way that you both can live with.
If there is/are child/children, child support will need to be calculated based on the California formula for child support. If the situation is such that spousal support is needed, mediation allows for creative solutions to meet the spouse's needs.
Child Custody and Parenting Plan
Determining custody and a parenting plan when children are involved can be a difficult situation when arguing through the Judge in open court in a very limited amount of time. You further lose control when a custody evaluation occurs, and the evaluator makes a written recommendation to the court. The report from the evaluator often becomes the decision of the court regarding custody and parent-time with your children. When you will still have to have a co-parenting relationship with your ex-spouse, mediation facilitates a conversation for how that co-parenting arrangement should take place. You each will be provided the opportunity to express what is important to you and work on a resolution to satisfy your respective needs.
Rather than miss work for multiple hearings, divorce mediation allows you to resolve your divorce on your terms and your schedule. If the issues are simple and the parties are negotiating in good faith, your divorce might be able to be resolved in one session. Wouldn't that be great to have it resolved and you can move forward?
Each session typically lasts 2-3 hours and can be done in the morning, afternoon, or evening. Saturday's can also be used to have divorce mediation sessions. We want divorce mediation to work for both of your schedules.
Contact Gilliland Law, APC today at 760-918-5630 or complete our online form.