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Articles Posted in Mediation and Divorce

What Happens If Divorce Mediation Doesn’t Work?

What Happens If Divorce Mediation Doesn’t Work

Divorce mediation has become the preferred method of handling the divorce process in California and throughout the United States. Unlike litigation, which is very formal, daunting, and stressful, mediation provides a divorcing couple the opportunity to privately negotiate the terms of their divorce in a comfortable, low-pressure atmosphere under the guidance of a neutral mediator. This process is proven effective and allows divorcing spouses to save significant amounts of time and money on their divorce proceedings. However, the success of the mediation process hinges on the divorcing spouses’ willingness to negotiate.

It’s possible for divorcing spouses to initially agree to mediation only to later decide that they cannot reach mutually agreeable terms through this process. It’s also possible for one spouse to allow their emotions to overcome them, spurring them to demand a trial instead of taking advantage of the benefits of mediation. If you are preparing for divorce mediation or have already started the process, it is natural to worry about what might happen if mediation doesn’t work for your situation. However, several practical options can help you overcome this situation, and it’s possible to take advantage of mediation to an extent before moving to litigation to settle the rest of your divorce.

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Legal Separation as a Precursor to Divorce in California

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Many people mistakenly believe that legal separation is essentially the same as divorce, but this is inaccurate. Legal separation is an alternative to divorce that can potentially serve as a springboard to a formal divorce in the future, but it is not as final as a divorce. Legal separation can functionally allow married spouses to hold themselves out as unmarried and live separately while they continue taking advantage of the legal benefits that marriage offers.

If you are thinking about ending your marriage in California, it’s essential to think about your reasons behind this consideration and the effects your divorce could potentially have on your life. It’s important to note that a legal separation does not simply mean one of you moving out of your marital home and living separately. Legal separation requires a formal family court agreement that includes specific terms and conditions.

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Can You Sell Your House During a Divorce?

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When a couple decides to divorce in California, their house is often the most important asset to distribute in the settlement. Spouses often wonder if they can stay in the house, whether they can retain ownership, or if they should sell. It is crucial to develop an understanding of your options when you are in this situation, and a trusted divorce attorney is the best tool you can use to understand your alternatives and protect your interests.

If you and your spouse bought your home as a married couple, it is considered “community property” in California. In the case of a divorce, this means that the home’s value will be divided 50/50 between the spouses. Your options for keeping or selling the home are dependent upon your ability to reach an agreement that satisfies both you and your spouse. This could mean selling the house and splitting any profit evenly, but many couples reach an agreement in which one party purchases the other’s share of the home.

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Know What to Do if Your Spouse Is Lying During Your Divorce

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Experiencing a divorce is one of the most stressful situations many people will face in life. As a result, the divorce process is often a time in which individuals may exhibit behaviors that are not typical for them. The stress each spouse experiences when their relationship ends often brings emotions to a boiling point, and the resulting conflict can bring about situations the former couple never expected.

There are a number of important tasks involved with the divorce process, including determining alimony, deciding who should have custody of the children, identifying who should pay child support, and deciding how to split up debts and assets in a way that is acceptable to both parties. When one spouse begins stretching the truth or blatantly lying to achieve a more beneficial outcome, the divorce process becomes even more complicated. Lying under oath is against the law, and it is crucial to know the consequences of such actions during divorce.

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Expert Witnesses in California Divorce Cases

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Divorce is likely to be one of the most challenging experiences of your life. Even if you and your spouse are relatively civil and agreeable with one another, the reality is that the divorce process is hugely trying in many ways. Whether you are concerned about the financial implications of your divorce or are struggling to reconcile your personal feelings about the matter, it’s imperative to understand that any divorce case has the potential to escalate into an incredibly complex court battle.

While family law is unique from other areas of the law in many ways, there are some common threads among family, civil, and criminal law. One of these is the value that expert witnesses can provide in some instances, particularly those that involve highly complex or easily misunderstood technical concepts, complicated financial entanglements, and issues regarding physical and mental health.

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What to Expect in California Divorce Mediation

What-to-Expect-in-California-Divorce-Mediation

Married couples choose to divorce for many reasons. Some decide to divorce because of acute issues like infidelity or patterns of negative behavior. Others drift apart after several years of marriage and no longer enjoy married life together. The divorce process technically begins when married spouses decide to end their marriage, but it does not formally begin until one of the spouses files a divorce petition with the local family courthouse. The actual legal process of divorce is stressful, expensive, time-consuming, and emotionally draining in most cases. However, there is a way to make your divorce easier to manage while maintaining greater control over the outcome.

Divorce mediation has become the most popular method of handling divorce in the United States for several reasons. Mediation is generally faster than divorce litigation, and both spouses are generally able to secure more agreeable terms to their divorce orders than a judge would likely deliver. Divorcing spouses can save time, money, and stress when they opt for alternative dispute resolution, but it is vital to know what divorce mediation entails and what you can expect from this process.

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What Is Limited Scope Representation in California Family Law?

Limited-Scope-Representation-in-California-Family-Law

Navigating any family law case can be a daunting and stressful experience. It is very difficult to predict how long a case will take to complete or how much it will cost you in legal fees, even if the matter seems straightforward at first. Hiring the right attorney to represent you is one of the most important decisions you can make when handling your family law matter. It’s also important to know exactly what you need from an attorney and what you can handle on your own. If you have concerns about the cost of legal fees for any family law matter in California, it’s vital to understand what limited scope representation is and how this can work in your favor.

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Acceptable Grounds for Family Court Order Modification in California

Acceptable-Grounds-for-Family-Court-Order-Modification-in-California

Family law is unique in many ways. Perhaps most notably, the family law system offers a more streamlined alternative to the standard appeal process when an individual accountable to a family court order believes the order to be unreasonable or untenable due to recent events. Family law acknowledges that life is unpredictable. Due to the nature of most family court orders, the terms of an order may not be as reasonable in the future as they are at the time they are signed into effect by a judge.

If you have recently experienced any major life events that have materially influenced your standing family court order, the modification process can allow you to make simple changes that reflect the recent changes in your life. This does not mean you can repeatedly pester the court until they modify your family court order to suit your exact preferences. There are certain conditions that must be satisfied if the court is to approve of any proposed modification.

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How to Streamline Your Divorce Proceedings in California

How-to-Streamline-Your-Divorce-Proceedings-in-California

Divorce is a challenging experience for many reasons. The process requires a significant financial investment in the form of legal fees and the transition from a dual-income household to living on a single income. California also enforces a minimum six-month waiting period before any divorce is granted, but many divorcing couples with complex divorces find that this is relatively short compared to the actual time required to litigate their divorce cases. Even the most seemingly straightforward divorce cases can require enormous investments of time, money, and energy for everyone involved.

If you are expecting to divorce in the near future and want to make the process easier, there are a few tips you should keep in mind that can potentially help you streamline your proceedings. Remember that even a seemingly straightforward divorce case can involve unpredictable issues that extend the time required to complete the process, but the following tips can often help divorcing couples reach results in their divorce cases more quickly.

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Benefits of Divorce Mediation in California

Benefits-of-Divorce-Mediation-in-California

Divorce is a notoriously difficult and emotionally challenging process. Ending your marriage is more than just the end of a personal relationship; the legal process of divorce requires you and your spouse to divide your community property, determine custody rights over your children, and negotiate long-term support arrangements under California law. Navigating this process while dealing with the emotional side of divorce can be incredibly difficult, and unfortunately, this will spur some people to make poor decisions when it comes to handling their divorce proceedings.

Many divorcing couples in California and throughout the US are choosing alternative dispute resolution instead of litigation to streamline their divorce proceedings and reach more agreeable outcomes. Specifically, divorce mediation offers divorcing spouses an easier way to settle their financial issues and navigate the process with peace of mind. If you are unsure how to best handle your divorce, it’s vital to consider the many benefits of mediation.

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