Posts Tagged ‘mediation’

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.

10 Years Ago This Week

By on March 11, 2013 | Category: Blog | Tags: , , , , , , , , |

It was 10 years ago that I obtained a business license for a law practice.

So much happened in my life which was the impetus for beginning this law firm. There were plenty of challenges, but I truly believe challenges are opportunities for success.

My opportunities began when I divorced in 1993, single mom with a 5 and 3 year old. It was an acrimonious divorce, with years of nasty custody and support litigation that took a toll on my children as well as myself. I wanted to create a better life for the kids and myself and I went to law school at night, while working during the day. Some days were 18 or more hour days in light of the distance from home to work and school.

Read more …

Myrlys Stockdale Becomes Certified Family Law Specialist

By on July 11, 2012 | Category: Blog | Tags: , , , , , , , |

The State Bar of California’s Board of Legal Specialization has just certified local attorney Myrlys Stockdale as a legal specialist in family law. Ms. Stockdale, 47, is the managing attorney of the marriage and family law firm Stockdale Law Firm, Inc., located in El Dorado Hills and serving clients for the past nearly 10 years.

She is a family law mediator, and serves as court-appointed special master and court-appointed minor’s counsel in the Sacramento area.

According to the State Bar of California website, “California attorneys who are certified as specialists have taken and passed a written examination in their specialty field, demonstrated a high level of experience in the specialty field, fulfilled ongoing education requirements and been favorably evaluated by other attorneys and judges familiar with their work.” Read more …

Voted Best Lawyer in El Dorado Hills

By on April 27, 2011 | Category: Blog | Tags: , , , , , , , , , |

The Stockdale Law Firm is pleased to graciously accept the award of Best Lawyer/Law Firm in El Dorado Hills from the readers of the Village Life newspaper (in the April 27, 2011, Best of El Dorado Hills edition).

Our firm was founded by managing attorney Myrlys L. Stockdale in 2003. Since then, our presence in the El Dorado area has grown tremendously as has our fondness of the El Dorado Hills community we serve. Over the years, we have supported the El Dorado Hills Chamber of Commerce, the Rotary Club of El Dorado Hills, the El Dorado Hills Community Vision, Inc., the El Dorado Hills CSD, the El Dorado Hills Fire Department and many other local groups and events. Read more …

10 Things to Know Before Filing for Divorce

By on January 22, 2011 | Category: Blog | Tags: , , , , , , |
  1. Over 95% of all divorce cases settle before they go to trial, so try mediation rather than taking an adversarial position. And if mediation’s not for you, there are other options like collaborative divorce and even arbitration.
  2. Before you file for divorce, think about your goals for the ultimate outcome of your case. You can only make good decisions in choosing how to file, whether or not to try mediation or collaborative law, how to select an attorney, and how to proceed if you know where you want to end up when it’s all over. Read more …

El Dorado Hills Office

3840 El Dorado Hills Blvd.
Suite 301
El Dorado Hills, CA 95762-4567

Phone: (916) 933-5545
Fax: (916) 933-9833

Email: info@stockdalelawfirm.com

Roseville Office

915 Highland Pointe Drive
Suite 250
Roseville, CA 95678

Phone: (916) 724-5400
Fax: (916) 933-9833

Email: info@stockdalelawfirm.com

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