There are several factors that play a part to determine the failure or success of Orange County divorce mediation. The levels of trust between the couple, the willingness to negotiate, the case’s complexity, and the level of contention are just a few of these. There are two parts to divorce mediation – one can be described as the work of the Orange County divorce mediator while the other is the work of the two spouses. One of the most important thing spouses need to do, to make their mediation successful, is to come to mediation prepared and having thought about important aspects.
It is advisable to make a divorce mediation checklist prior to the start of mediation so that you have your goals and the list of issues that you want to address in mediation, listed in order of importance to you. Here are some of the issues that you will likely address as part of your checklist.
· The Children in the Marriage
Children are often considered the most important issue in a divorce mediation. Before a couple decides to part ways, the children in the family are likely to have spent their time under co-parenting by both the parents. This however cannot be the case after divorce. Spouses need to, before they come to an Orange County divorce mediation, deliberate on the amount of time they can give their child, the timings that will be feasible for them and their own activity time table. These are important matters to consider, since during a divorce, the most affected people after the spouses are their children. All through the process, make sure you are there for them to support and calm their fears.
This is never a topic that couples love talking about. Yet, it is one of the most important assets (or liability) that needs to be divided between the spouses much like the rest of the assets. Before coming to mediation, it is best for you to have a private one on one conversation with your spouse to avoid any surprises that might await him/her in the mediation process.
· Real Estate
We have talked about children being the most important assets, but real estate is one asset that comes a very close second. These are often the largest chunk of the monetary materials and hence are the most hotly contested aspect of a divorce. Any property that has been created in between the time the marriage lasted can be regarded as joint property. This aspect is likely to involve all kinds of homes, lands, etc., including the one you currently live in making this one of the most important aspects to think about pre mediation.
People who own business are likely to derive their source of income from them. Business, if jointly run or made/ significantly enhanced during the marriage, would have to be divided between the two parties. This might not work out too well for a business’ profitability and hence you need to talk about this aspect with your spouse before your mediation date to make sure your financial interests are protected.
Gerald A. Maggio is a trained Orange County 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.