subject: Divorce In California Through Mediation [print this page] The first thing that comes to mind when getting a divorce in California, is that its going to be extremely difficult. This doesnt have to be the case. In fact, it is a lot easier through Mediation. With this process, you can get a divorced in a more informed and respectful manner without feeling like youre giving away the farm.
The Advantage of Mediation
Often times, a person will only go to one lawyer, individually. One drawback of taking this route is that you only hear the argument that favored your side and not the opposite side. The advantage of mediation is that you receive the support, time and information you need in order to make a sound decision.
When Is It Time to Find a New Mediator?
Although mediation is a very effective process, I have heard some criticism. For instance, a participant may feel like the mediator is not fully understanding their side of the story or that theyre taking sides. If you ever feel this way -- speak up!
If you feel uncomfortable with how the discussion is going, its important to share it with the mediator. Sometimes its difficult to for a mediator to determine when a client is uncomfortable. When there is a problem, your mediator needs to be aware so he/she can resolve it during the session.
If your mediator becomes defensive, thats a red flag its time to get another mediator. A mediators job is to hear both sides regardless of their personal opinion.
Visit the following pages to learn more about divorce in California and the mediation process:
About mediation
Pros and Cons of Mediation
FAQ about mediation
Community Property Law in California
When it comes to divorce in California, it has a personality all its own. Did you know that California is one of nine states that follow the community property law? Unlike some states, California community property law is pretty cut and dry. For example, from the date of marriage until the separation date, everything is 50/50 (debts, assets, etc.).
Having an attorney mediator allows you to discuss the exceptions, rules, laws and case law that support each side openly. At Peace Talks, whenever we discuss divorce in California with clients, if something is not straightforward, we provide a document that clearly explains the law.
On complicated legal issues, I find that giving our clients scenarios is an effective strategy. For example, I will say: "When representing the wife, this would be my argument - here's the law that supports her position," and then, Ill say, "When representing the husband, this would be my argument - here's the law that supports his position."
When everyone has heard each side, then we can finally discuss fairness.
Need an Attorney Mediator?
If youre thinking about getting a divorce in California and you need a mediator, contact us or call (310) 301-2100 to schedule an appointment.
