Divorces don’t always have to end in messy litigation, courtroom drama and appeals. For many, the path is made easier by options such as mediation; where, with the guidance of a good divorce attorney, you might be able to come to a feasible solution sooner. If you’re steeling yourself for the impact of a divorce, here is what you should know about the options that you have.
Divorce Mediation
During divorce mediation, a neutral third party who is a mediation expert is called upon to work with the couple and their attorneys. He/she guides the pair towards an agreement and has the final divorce settlement agreement signed off. This makes things a lot less sticky for you and your spouse as things are handled without much mud slinging – vital if you foresee having to interact with your spouse in future as well, especially if you have kids together. The process is discreet and isn’t as expensive as going to trial. You also have a say in the final agreement, unlike when the court decides based on the presented evidence in a divorce trial. Just have your divorce attorney go over it with a fine toothed comb to make sure it is drafted properly and is watertight as far as the law is concerned.
Collaborative Divorce
In a collaborative divorce, both husband and wife must sign agreements with attorneys, that also mentions that the attorneys must withdraw and new attorneys must be signed on if the litigation is jeopardized in any manner or a settlement is not reached. You will have discussions with your attorney, your spouse with theirs, and then you will meet with them and your spouse together. The idea is to arrive at a final agreement/settlement with the aid of your divorce attorneys. If a financial expert is needed, a divorce financial planner is called upon. When a final agreement is mutually agreed on, you are typically required to go before a judge in court where he/she will sign off, making the agreement legally binding. Not unlike mediation, disclosures are purely voluntary, so a spouse may try and conceal assets.
Divorce Litigation
Divorce litigation is not as unusual as the name might indicate. In fact, this is becoming the norm for most divorcing couples today. The bulk of such divorces are settled out of court without actually going to trial, so don’t be scared off by the word litigation. You will, as in the case of divorce mediation or a collaborative divorce, require the services of a divorce attorney. This is a safe route if you suspect your spouse of concealing assets, being domineering, or if you have been the victim of domestic violence or abuse. And that’s because there is a legal mechanism which your attorney will exercise to make it mandatory for your spouse to respond to specific lists, disclose assets and share information. It also allows you to make a case for yourself and with the help of an experienced divorce attorney who is skilled at negotiations, get a fair deal.
Going It Alone
Divorce is an alienating experience on its own, without adding the pressure of managing the paperwork and legal side of things by yourself. When it comes to things close to your heart, deciding the fate of things that were once part of your shared life, emotions can run high. The calm, balanced perspective of a third party – your divorce attorney can bring a measure of structure to things.
In addition, should you find yourself embroiled in heavy arguments and if you are unable to come to a mutually agreeable plan with your now estranged spouse, a divorce attorney who is well versed with divorce mediation and trial proceedings can help swing things your way. More than anything else, knowing you have a shoulder to lean on, and someone with the right legal expertise by your side, you will sleep easier.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
How is divorce mediation different from collaborative divorce? This is one of the most commonly asked questions in recent times coming from people trying to decide which method to choose. A larger proportion of people who tend to ask this question are spouses trying to end their domestic partnerships. Mediation and collaborative practice are vast areas of conflict resolution that involve domestic as well as commercial areas of practice such as estate, probate, etc. Yet in this article we are going to talk about it in the context of domestic relations, more specifically, divorce.
Mediation
Orange County divorce mediation is a process where the decision of the mediation is taken by the spouses themselves based on their understanding, view points, and choices. The couples tend to consider the situation at hand, and the perspective of each other in deciding such matters through divorce mediation. Is Collaborative practice the same?
Generally in divorce mediation, the process is carried out in the presence of three people in a room. The three people are the divorce mediator and the two spouses. The procedure is done between the two spouses with the mediator simply there to make sure the process is carried along in the correct direction. Divorce mediation is particularly helpful for people who are clear about their situation, their demands, and the concessions that they are ready to make. The people that take part in divorce mediation are often people who need little or no assistance from elsewhere to reach a sensible conclusion.
Mediation allows the spouses/parties a better chance to influence the resolution and the outcome. The most important person in the mediation after the two parties is the divorce mediator. The sole role of the mediator as mentioned above is to lubricate the process and to try and keep it heading into the correct direction. The role of the mediator is to manage and control the flow of the communication and discussions between the two spouses and to give them a little nudge here and there to keep them going in the right direction.
Collaborative Divorce
Collaborative divorce, similar to mediation, is a voluntary process, but the primary difference is the presence of lawyers in the process and the limitation on the lawyers of not being involved in the litigation of the claim. In collaborative divorce, the lawyers are not in aid of one party, but look to understand the general perspectives of both the parties involved. Unlike mediation, collaboration is controlled by a collaborative team that contains psychological and financial experts as well as lawyers.
People who seek more support in presenting their case in terms of their Orange County divorce choose this process over litigation and divorce mediation. The collaborative team has a greater influence on the final result as compared to divorce mediators. However, the cost of collaborative divorce can be significantly more than divorce mediation because the collaborative team each have their own fees to be paid versus one mediator.
Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
The saying, “Till death do us part,” never really lives up to what it dictates with more partners opting for divorce courts instead of living happily ever after. For those seeking to divorce when divorce is the only remaining option, such parties can choose to get divorced by seeking a divorce mediation, collaborative divorce, or litigation. These divorce methods are different from each other in these ways:
What is Divorce Mediation?
The pair who is splitting up hires a divorce mediator to help them establish a settlement agreement. The mediator doesn’t favor one party over the other, but works neutrally with both parties.
Advantages
- Helps to maintain an cordial relationship with your partner even after the divorce
- Children will not be caught in middle of a child custody battle in the instance you have kids
- Speeds up the divorce proceedings
- Less expensive
- The partners make the decision and not the court
- Lets two people handle the divorce in private
Disadvantages
- If two people are not able to reach an agreement, some additional money and time will have been spent in the process
- An inexperienced divorce mediator may be biased towards one partner
- If the agreement is not drafted correctly or if legal problems arise, it can be challenged in court (which can be a problem if the mediator is not also an experienced divorce attorney)
- The agreement may not be fair if one partner overpowers the other partner
What is Collaborative Divorce?
In order to avoid going to court, the separating partners can decide to go the route of collaborative divorce, which is a separate system where each party agrees to that system. By doing so, each party is represented by a collaborative divorce attorney trained in collaborative divorce. In addition, there is a financial professional involved that handles all of the financial disclosure work, and generally one or both parties also have a “divorce coach” involved, such as a therapist. In other words, there can be at least 4 professionals involved in the collaborative divorce process.
Advantages
- Provides the partners with solutions to reach an amicable settlement agreement
- The process is meant to resolve cases peacefully out of court
- The couple divorcing are in-charge of deciding what to do with their lawyers advising them along the way
- Lets partners address a variety of issues unlike in court
Disadvantages
- Unlike divorce mediation where there is generally just the divorce mediator involved, the collaborative divorce process involves multiple professionals, all of which must be paid for their services. As a result, the collaborative divorce process is not necessarily a cost-effective way to resolve divorce cases compared to divorce mediation
- If an agreement is not reached, the collaborative divorce attorneys will have to resign from the case and the partners will have to appoint new attorneys, as neither party can hire the same attorney
What is Litigated Divorce?
Litigated divorce is the most common divorce, as the two parties hire separate attorneys and fight in court on the issues of divorce such as child custody and the distribution of assets.
Advantages
- Most common divorce procedure
- Best for divorcing parties who cannot work together in resolving their disputes
- The most appropriate procedure where domestic violence or abuse is involved
Disadvantages
- It’s expensive and produces financial distress for the average divorcing family
- If the partners have children, child custody battle could turn ugly
- Often puts children in the middle of the divorce disputes and causes the most emotional damage to children
- Tends to take the most time to resolve
- Produces animosity, stress, and fuels further litigation
- Results in court orders not worked out by the parties and which might not be as enforceable as a result
If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable California divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com. California Divorce Mediators is an experienced Orange County Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues. As Orange County divorce mediators and Orange County divorce lawyers, we have the experience to help you decide if divorce mediation is a good option for you and your situation.
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