Think of having a divorce, and automatically there is a fear that starts to set in. The fear of failure, and the fear of the unchartered waters. One of the first questions that come to one’s mind is about their assets. These fears are legitimate, and likely to materialize into reality for people that go for divorce litigation.
Divorce through the court system is usually an emotionally-sapping experience with fights, feuds, and bitterness being the norm in such situations. This means that even if litigation doesn’t break you financially, chances are you’ll end up emotionally broke. Orange County divorce mediation, on the other hand, is a much more cost effective and predictable alternative to litigation. Divorce mediation is a process that warrants the couples to sit down and disclose their assets, debts, incomes, and other sources of expenses to their Orange County divorce mediator. Once that is done, the couple can then sit down and talk about the best solutions to the issues at hand and to make sure they are able to agree on things mutually.
When it comes to assets and the financial aspects of divorce, divorce mediation can have an important role to play. The role of the mediator will be to encourage the spouses to have a healthy discussion about the financial aspects in a relationship. The role of the mediator doesn’t end there. More often than not, mediators will also give the clients legal advice with respect to the rules that can govern assets. This choice, however, will be left to clients and not to the mediator or the judge as is the case in litigation.
Asset distribution is an extremely important aspect in mediation agreements. Divorce, as mentioned in the first paragraph, is heavily dependent on the financial well-being of a person. This is why proper asset distribution, where each party is satisfied, is extremely important. The role of mediation in asset distribution is particularly important. The primary reason for this is the flexibility that mediation affords. Then lack of set rules to decide cases and the customized solutions for each couple allows for asset separation agreements that could never be possible in a divorce litigated in court.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.