Hollywood paints a very interesting picture of how divorce proceedings occur. There is usually a large courtroom, two very fired-up attorneys and days of stressful trial footage. Now, this may certainly be the case for some families, but others are willing and able to take the more amicable route known as Divorce Mediation.
Divorce Mediation is an option for potential clients who have already come to much of an agreement on their own and wish to resolve their divorce outside of court. Such agreements usually include the dividing of marital assets, custody/visitation with their minor children and support.
If you find yourself in the midst of a peaceful separation, your first step is to call a qualified attorney to schedule a consultation that both you and your spouse would attend. If the attorneys believe you are good candidates for Divorce Mediation, they would guide you through the process as a neutral mediator. The following is an overview of the Divorce Mediation process to ensure this is the right option for you and your family.
Choosing Divorce Mediation may speed up the process of your divorce. Under California law, you are still required to meet the six-month minimum from the date of filing your Petition for Dissolution in order for your divorce process to be concluded. The good news is that if you and your spouse are in agreement on the major issues — such as child custody, support and division of property — the paperwork can easily be completed within the six-month minimum.
Since Divorce Mediation is settled outside of court, you will have the advantage of avoiding unnecessary court dates and other legalities that may arise due to a high-conflict divorce. These unnecessary court dates often postpone the conclusion of one’s divorce. Most high-conflict divorce proceedings well exceed the six-month minimum, so if you are already in agreement on the major issues with your soon-to-be ex spouse, you are ahead of the game!
There are certainly financial benefits to choosing Divorce Mediation. During Divorce Mediation, you will avoid unnecessary court dates and the inevitable “letter wars” with Opposing Counsel or Opposing Party, which tend to arise during a high-conflict case. You may still be billed at an hourly rate, but you are spending money together on one firm (instead of two) while simultaneously spending less time in the courtroom. Less time in the courtroom means less money spent on unnecessary attorneys fees. Preparing for hearings, attending hearings and anything in between is a cost to you and your spouse, so choosing Divorce Mediation is all-over a more cost effective option. Some firms will only charge a flat-fee for your Divorce Mediation.
