The Divorce Mediation Process in California
OC California Divorce Mediation Process: The process of divorce mediation in California is different for every couple. One of the benefits of mediation is that it allows the divorcing couple to have control over the divorce process and the resulting divorce settlement, so the way that your divorce mediation goes is partially up to you, your spouse, and your mediator.
Usually, the process of mediation goes something like this:
- When you decide to get a divorce, you and your attorney, and you and your spouse will decide whether divorce mediation is a viable option for your situation.
- If you decide that mediation is right for you, you and your spouse will find and hire a mediator.
- You may also want to consult with an attorney separately from your spouse and mediator. While this attorney cannot be present during mediation sessions, he or she will likely be able to provide valuable legal advice during the process of your divorce.
- When you have selected a mediator, you and your spouse will set goals with the mediator.
- Throughout the mediation process, you will work with your mediator and your spouse to create a divorce agreement. This may include discussions with your spouse and the mediator, meetings between you and your mediator, research outside of mediation, consultations with professionals outside of mediation, or more, depending on the specifics of your divorce.
- Once you have reached an agreement with your spouse, your mediator will likely advise you to consult with your attorney regarding the mediation agreement.
- If you and your spouse both sign the mediation agreement, your mediator can submit it to a judge, who can sign it into a divorce settlement.
Is Divorce Mediation Right for my California Divorce?
If domestic violence has been a part of your marriage, it is important that you discuss your situation with a divorce attorney prior to agreeing to divorce mediation. It may not be safe or reasonable for you and your spouse to work out a divorce agreement through mediation if domestic violence has been an issue.
• If you and your spouse have great communication skills, mediation may work well for you;
• If you and your spouse want to work on your communication skills, perhaps to build on your post-marriage parenting skills, mediation allows you the perfect opportunity;
• If you and your spouse are trying to save money on your divorce, mediation is one of the best ways to do so;
• If you and your spouse have children and are trying to protect them from the divorce, mediation allows you to keep the kids out of it;
• If you’re looking for privacy, mediation is 100 percent confidential, and your mediator cannot be called as a witness in any following court sessions;
• If you want to have a say in the outcome of your divorce, mediation allows you and your spouse to create the terms of your own divorce;
• There are numerous other benefits of divorce mediation, and reasons to choose it.
Finding and Hiring a Divorce Mediator in California
A mediator is often also an attorney, a judge, a therapist, a psychologist, another type of mental health professional, or someone who has retired from one of these professions. If you’re looking for a divorce mediator, you might look to a divorce attorney for suggestions.
Your divorce mediator cannot be connected to either your private attorney or your spouse’s private attorney. A divorce mediator in California must remain neutral throughout the process of the divorce and cannot provide legal advice to either party.
The mediator is not responsible for creating the terms of the mediation agreement, but he or she will guide the divorcing parties towards an appropriate conversation that will (hopefully) lead them to create the terms of their own divorce agreement.
How Does Divorce Mediation Work in California?
Generally, the process starts with a meeting between you, your spouse, and your mediator. At the first meeting, you and your spouse will decide what your goals are for mediation. You may choose to work out all of your divorce issues through mediation, including child support, child custody, spousal support, and the division of property and debts. Or, you can choose to resolve some of your issues through mediation, and not others. If you decide to use mediation for everything but find that you cannot come to an agreement on every issue, you can use litigation to resolve the remaining issues following mediation.
Any subsequent meetings with your mediator can be at a time and location determined by you and your mediator. The mediator may assign various homework assignments for you and your spouse, from making up your mind to discussing things with your divorce attorney to consulting a professional. The amount of time and money that divorce mediation will cost you can depend on how long it takes you and your spouse to complete these tasks.
When you and your spouse do come to an agreement and complete mediation, your mediator can draw up a mediation agreement. You should have your divorce attorneys look over the agreement prior to signing it. Once signed, the mediator can submit the document to the judge to be approved, at which point the judge can sign it into a divorce settlement.
For help with the OC California divorce mediation process contact our Divorce Mediators in Southern California
To summarize, in California, a common option for couples is the California divorce mediation process. The divorce mediation process is a more affordable method for resolving divorce disputes. This is often a first option before resorting to the traditional divorce process. The traditional divorce process is at times more costly.
Mediation is a more comfortable meeting session for the parties. The mediation session typically involves a neutral third party mediator and the two parties. It is important that the parties voluntarily attend the sessions. The benefit of mediation is the fact that it is a voluntary process. The parties are able to have some control during the divorce process. During mediation the goal of the parties is to work toward reaching a fair and reasonable amicable agreement. If an amicable agreement is made then the parties may be able to avoid court intervention. On the other hand, if the parties are unable to agree on the disputed issues in the divorce they will need to appear in court. In court both sides of the divorce dispute will be heard and decided upon by the judge.
If you would like to take the next steps toward retaining a divorce mediation attorney please call today to schedule an appointment. For additional information regarding the California divorce mediation process please contact your local family law attorney's. Please call Yanez & Associates at 714-971-8000 for your free initial consultation. We look forward to assisting you with your family law matter.
Table of Contents
- 1 The Divorce Mediation Process in California
- 2 Is Divorce Mediation Right for my California Divorce?
- 3 Finding and Hiring a Divorce Mediator in California
- 4 How Does Divorce Mediation Work in California?
- 5 For help with the OC California divorce mediation process contact our Divorce Mediators in Southern California