Going through a divorce can be one of life’s most difficult transitions. You are not only breaking-up with the person you thought you’d spend the rest of your life with, you are also dealing with many of the details of the fallout; such as custody and financial challenges.
The issues covered include but are not limited to the following:
1. Distribution of Property (Assets/Liabilities)
2. Child Custody and Parenting Time
3. Child Support/Maintenance
You and your soon to be ex-spouse are probably at odds. Fortunately, there are resources available to help you analyze the terms of your divorce and come to a settlement. Mediation is particularly effective, especially if you want to retain full control over the terms of your divorce.
What is mediation? How does it work?
Mediation is flexible and confidential, A divorce mediation is neutral and is impartial. That means the mediator can not give advice to either party.
Mediation is a good option if you want to avoid the courts. If mediation isn’t successful, divorce proceedings in court will be unavoidable. A judge will consider both sides and make unilateral decisions about the divorce, and you and your spouse will both have to comply with the ultimate decision. Mediation keeps important decisions about custody, money, and property in the hands of both parties.
How does divorce mediation work?
The divorce mediator assists the divorcing couple in formulating plans that can eventually lead to an agreement that will stand the test of time. That open and free exchange of information enables both spouses to negotiate with each other in confidence. If both spouses are willing, it usually takes far less time and money to negotiate a decision that makes sense to both spouses.
Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator — want it to. Mediations can be conducted weekly, every two weeks, monthly or however often the couple wants them to occur.
Do I have another Options Similar to Mediation?
Yes, there is another option, but mediation is the simplest way to resolve differences in a divorce.
Arbitration is an alternative way to keep the terms of a divorce individual and get a little outside help. A neutral third party considers arguments and then issues a binding decision. Spouses don’t have control over the outcome. The difference between Arbitration and Mediation is the amount of control both parties have over the outcome.
Collaborative divorce is similar to mediation in that spouses have control over the outcome. Both spouses sit down with their attorneys and try to negotiate the divorce. Both agree not to exercise the case to court. You’ll have to start from the beginning – and find new lawyers – if you aren’t able to resolve your disputes using this process.
How Do I Find a Divorce Mediator?
It’s essential that you contact an experienced divorce attorney. Your attorney will protect your rights and help you navigate your divorce. When you hire an attorney, they will be able to recommend a mediator to help you and your spouse. Your attorney can be present during the mediation session(s) to offer guidance, if necessary.
If you have recently been served with divorce papers in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles; we can help you. William D. Evans family law attorneys are here to help you. Call us to schedule a free consultation at 562-439-9001.