Posts Tagged ‘litigation’

Approaches to Divorce: Mediation, Collaboration and Litigation

By on April 10, 2015 | Category: Blog | Tags: , , , , , , |

Are you thinking about options for your divorce? Are you afraid of a judge making the final decisions about your divorce, or are you concerned your children’s future won’t be taken into account? There are three common approaches to divorce and family law matters including mediation, collaboration and litigation that can each help alleviate your concerns and help you work through the many issues that arise during a divorce.

Mediation:

Mediation is a “No-Court” divorce alternative. The mediator drafts all California court paperwork including financial disclosures, child custody and support agreements, spousal support agreements and a final marital settlement agreement with Judgment documents.

A neutral party, usually an attorney, helps both spouses reach agreements on issues related to the divorce. A mediator does not represent either spouse; their job is to provide you with information on the law upon which both spouses will base their decisions or agreements. When you have difficulty reaching agreements, the mediator works with both parties to try to resolve the disagreements.

Usually, mediation is less costly than a litigated divorce case.

Collaboration:
Also known as collaborative divorce, this is a process where both spouses agree to not go to court and settle all issues related to the divorce outside of court.

Using this process, divorcing couples, along with their attorneys and other professionals, such as coaches, work together to resolve the issues related to their divorce. If the process is successful, no one has to go to court to finalize the divorce, and the decision regarding the important issues in the divorce are made jointly between the parties — not the judge.

This approach gives couples the opportunity to work together to discuss approaches to co-parenting, visitation, financial support, division of assets and debts and other issues. However, discussions are held at four-way meetings including the husband, the wife and both attorneys.

This process can be less stressful, less lengthy and less costly than ongoing litigation. It also helps both individuals plan together for the future and needs of their children.

Litigation:
This is the method that most people think of when considering divorce. Both spouses have an attorney and motions are filed and court hearings are held to reach decisions in the case. This can be more costly than the other methods and both spouse have less input regarding how the issues are handled in the divorce.

Our law firm works to reach reasonable solutions without the emotional and financial cost of litigation when possible. However, sometimes litigation is not avoidable. If your divorce needs litigation, our attorneys advocate for your rights and provide you the sensitive counsel needed, all while fighting for your best interests. Whether you are in the beginning stages of a divorce case or you have a post judgment legal issue (such as enforcement of a court order of modification of a court order for child custody, child support or spousal support), our team can present your best case.

While not every approach works for every case, our team has experience in all three approaches. If you’re facing divorce or legal separation, our experienced legal team can advise you of your options and work with you to select an approach that best fits your needs. Contact our office to discuss your options.

New Law: Teenagers Testifying in Custody Matters

By on January 3, 2012 | Category: Blog | Tags: , , , , , , , , , |

This week (January 1, 2012 to be exact) marks the effective date of a new law allowing children 14 years or older to provide input on custody or visitation matters in family court.

Specifically, the amendments to Family Code Section 3042 provide that the 14 or older child “shall be permitted” to address the court unless the judge determines that doing so would not be in the child’s best interest.

There has been a great deal of discussion in the family law community about whether the potential benefit of child testimony outweighs the potential detriment to the child and the parent/child relationship. Read more …

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