How to Determine Whether Divorce Mediation Is Right for You

Divorce

Because fighting out a divorce in court is so very expensive for both parties, trying divorce mediation is a good idea if there is a chance you can be civil with one another while a neutral mediator helps you through the process.

On its face, mediation is a simple solution: Both parties agree on a neutral person to assist them in coming to an agreement on all the issues in their divorce.

In a best case scenario, the mediator is also an experienced family law attorney and can advise the parties of their respective rights and obligations as well as preparing all the paperwork that is necessary to complete a marital dissolution.

A mediator does not have to be an attorney but using a licensed legal professional is a good way to make sure that everything is in order and that the judgment and marital settlement agreement are properly and accurately prepared.

How Divorce Mediation Works in California

While obtaining a divorce in California does require that a Petition and Summons be filed to initiate the court case, divorce mediation takes place outside court and often no court appearance is ever required if everything goes well.  

Another advantage to divorce mediation is that the parties can share the costs instead of each paying their own lawyer separately. This can save both people thousands of dollars over the course of months or years it takes to litigate a case in the court system.

One thing you should know is that divorce mediation in California is entirely confidential (Evidence Code section 1119), and nothing that is said or discussed there can be used against you in court, unless you specifically agree otherwise.

Of course, if your mediator is an attorney, all communication with him or her is absolutely confidential from the outset, and the mediator, being neutral, does not represent one side or the other.

The mediator simply provides advice and guidance, including legal advice if he or she is an attorney, to both persons equally and does not favor either person over the other.

Contact a San Diego Divorce Lawyer for Help With Divorce Mediation

When you’re going through a divorce, an experienced divorce attorney can help you understand the process, including divorce mediation.

If you are considering divorce or have already made the difficult decision to pursue divorce and have questions, contact JWB Family Law to schedule a free consultation.

The Importance of the CFLS Designation

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property:

San Diego domestic violence resources

As in other counties in California, San Diego has resources you can contact to help you in a domestic violence case. A nd a dedicated family law and divorce attorney can help you legally enforce your separation from an abusive partner.

Military spouse benefits after a divorce

It is important to discuss all these topics with the military spouse divorce attorneys you retain to help guide you through the dissolution of your marriage. Military family law can be complex when it comes to divorce.

What not to post on social media during your divorce

Anything you post on social media during a divorce can, and likely will, be used against you in your dissolution proceedings. It is extremely important to avoid posting about getting divorced on all your social media profiles because anything that can be construed...

Helping a friend through divorce isn’t easy

A person going through a divorce is often dealing with the loss of time with their kids, a portion of their retirement, their house, and even relationships with their in-laws.

Child custody during the divorce process

There are two types of custody: legal and physical.