What’s the Difference Between Divorce vs Mediation?
Divorce is a topic that no one wants to consider much less discuss. The sad bottom line for a couple is that all-too-often after trying alternative methods to save the marriage – long discussions with friends and family, counseling and therapy – their final solution is the dissolution of the marriage.
In other words, divorce.
Divorce rates hover around the 40-50 per cent rate each year. According to the CDC, there will be three divorces for every 1000 people in the U.S. That’s a lot of misery and hardship. In California, however, the divorce is higher than the national average, hovering around 60 per cent. To minimize the rocky road that is divorce you first must ascertain how you’d like to settle the marriage.
There are three ways to proceed in legally ending a marriage and usually starts with consulting with a family divorce lawyer.
Divorce Mediation in Los Angeles
Divorce mediation in Los Angeles is a process by which couples who are separating or divorcing can work with a mediator to resolve disagreements and reach a settlement. Mediation can be an alternative to litigation, which can be costly and time-consuming. In mediation, the couple meets with the mediator to discuss their issues and try to reach an agreement on a range of topics, including child custody, property division, and spousal support.
The mediator does not make decisions for the couple, but rather facilitates communication and helps them reach a mutual agreement. Mediation can be an effective way to resolve disputes without going to court, and it can save time and money.
If you are considering divorce mediation, it is important to choose a mediator who is experienced and trained in the process. Mediation is a confidential process, and the mediator will not take sides or give legal advice. The goal of mediation is to help the couple reach an agreement that is fair and equitable for both parties.
If you are considering divorce mediation, it is important to consult with an experienced Los Angeles divorce mediation attorney to discuss your rights and options.
Collaborative mediation is a process in which parties to a dispute work together with a mediator to reach a mutually agreeable resolution. This type of mediation typically involves all parties sitting down together in the same room and openly discussing the issues at hand.
The mediator’s role in collaborative mediation is to facilitate communication and help the parties identify areas of agreement and disagreement. The mediator does not make decisions or impose solutions on the parties; rather, they help the parties reach their own agreement.
Collaborative mediation can be an effective way to resolve disputes without going to court. It is often faster and less expensive than litigation, and it can preserve relationships that may be important to the parties involved.
If you are considering collaborative mediation to resolve a dispute, you should consult with an experienced mediator to learn more about the process and whether it is right for your situation.
The last straw where the parties cannot agree on certain outcomes of the divorce, and their attorneys present their case before a judge whose word is then final in the decision-making process.
If you live in the San Fernando Valley, hiring a Woodland Hills divorce attorney like Leon F. Bennett can more smoothly navigate the choppy waters of divorce. A legal divorce specialist can paint the broader picture of the large and small details entailed in ending a marriage.
When a married couple decides to divorce, they will often have to go through the process of divorce litigation. This is a legal process where the couple will have to go to court and argue their case in front of a judge. The judge will then make a decision on the terms of the divorce, including child custody, property division, and alimony.
Divorce litigation can be a long and complicated process, so it’s important to hire an experienced divorce attorney who can help you navigate the process and ensure that your rights are protected. If you’re considering divorcing your spouse, contact an experienced divorce lawyer today to discuss your options.
No matter which divorce strategy is chosen, it’s wise to understand all the issues that could arise for the need of negotiating and start with a prepared list of things that both parties will need whether they settle out of court or in front of a judge.
Step 1 – Protect Yourself, Your Children and Your Finances
If a spouse has a tendency for a bad temper or, worse, has shown a propensity for violence in the past, make sure the children and even pets are located in a safe place with adult supervision. A place like a parent’s house or with a trusted friend would be ideal.
If there is a chance for violence it would be wise to meet with a family lawyer and look into obtaining a domestic violence restraining order.
You should also make your children’s school teachers aware that your child can only be released or picked up by you. Explain the situation and ask for help if the unwanted or potentially violent spouse shows up to school.
Next, if you live in an affluent community in Southern California, before beginning any divorce proceedings or even notifying the spouse of impending divorce litigation in, say, Calabasas or Malibu, lock down your assets. If you had originally hired a prenuptial agreement lawyer in Los Angeles, then now is the time to consult with him or her again to see where you stand financially. You can also look into thew ways of filing a postnuptial agreement as well.
Contact your financial institutions, credit card companies, financial advisors and any investment company and see about freezing the account or permanently removing the spouse’s name and access due to the potentially volatile circumstances.
Step 2 – Check Whether You Meet California Residency Requirements
To file for divorce in California, you must have been a resident of California for at least six
months. You also must have been a resident of the county where you will file for at least three months. So if you’re looking for a divorce litigation attorney in Los Angeles county, but recently moved from Ventura County in the past month, you’ll either need to wait two more months before filing or file back in Ventura.
Step 3 – Collect Pertinent Marriage Info
“You need to get your ducks in a row before seeking out the help of a Family Law attorney,” recommends family divorce lawyer, Leon F. Bennett, Esq. “In California, for a divorce to proceed, you will need to show earnings for both spouses and any outstanding debt.”
Just some items to collect include:
- Copies of W-2 forms and income statements
- Tax returns from the previous year
- Pay stubs
- Financial statements from stocks or real estate holdings
- Mortgage and loan documents
- Credit card statements
- Automobile titles
- Any pertinent ongoing bills like utilities
- Life and health insurance forms
- Your spouse’s Social Security and driver’s license numbers
Lastly, spend a few moments making an estimate of your monthly living expenses.
Step 4 – Will You Need Alimony or Child Support While the Divorce Is Processed?
You will need to support yourself, and possibly your children, during the divorce process. This can be done with temporary spousal support and child support orders, which will require completing and filing additional forms.
Step 5 – Hire A Family Law Attorney
There are several divorce forms that will need to be obtained in the state of California to file for a divorce. Depending on the type of divorce and county in which you reside, you’ll be best served with hiring someone near you. Leon F. Bennett, a Los Angeles Divorce Mediation specialist can walk you through the forms needed and the filing process.
In addition if children are involved there are separate divorce forms relating to them that will also need to be filed.
Step 6 – Notify Your Spouse
After consulting with a local family law firm, you must notify your spouse that you are filing for divorce and if, in fact, you have already filed forms. A form can be filled out and signed by both spouses showing awareness of the proceedings. You can also serve your spouse with copies of the court filings.
At this point a determination should be made about the type of divorce you’d like to pursue. If the parties are acrimonious and it seems like a battle will be waged then Divorce Litigation may be the only reasonable action where a judge will make the ultimate ruling on the nature of divorce as it relates to all matters of splitting assets, spousal and/or child support and so on.
If the parties have reasonable expectations that their divorce can be settled without bitterness and fighting, then Collaborative-Mediation or Divorce Mediation in Los Angeles may be a time and money-saving avenue to pursue where only an outsider mediator – and not a judge – helps the parties resolve any and all issues with the details of post-married life.
Again, a divorce family lawyer can advise you on all the circumstances and details of divorce under California law. There is an assumption that California has a ten-year rule pertaining to ongoing spousal support. While oftentimes a marriage that exceeds ten years will create a permanent spousal support policy, so long as the receiving spouse does not remarry, there are other factors that a judge may consider when decided on the spousal support amount and duration.
Marriages lasting less than ten years often see spousal support limited to one half the duration of the marriage.
Step 7 – What To Do While the Divorce Is Being Finalized
Until the final outcome of the proceedings develop a clear separation plan that includes where both spouses should live and how they will attend to their children. Now is also the wrong time to enter into a new relationship with someone else as that will only complicate the already delicate emotional state of the parties involved. Entering into a new relationship before a judgement or mediation agreement has been finalized could also affect the alimony amounts and duration.
And if the couple hasn’t already, consider engaging in counseling to either try to work through the differences and also ease your children into the reality that separation is inevitable, and protect their emotions and understanding of the situation.
The most important aspect of any divorce is protecting the children, and trying to end the union with dignity, calmness and respect.
People Also Ask: Divorce Litigation vs Divorce Mediation
Q: What is the difference between divorce litigation and divorce mediation?
Divorce litigation and divorce mediation are two different ways to handle the legal process of ending a marriage. Both have their own pros and cons, and the best option for you will depend on your specific circumstances.
Divorce litigation is an adversarial process, meaning that each spouse is represented by an attorney who fights for their client’s best interests. The case goes to court, where a judge will make decisions about all aspects of the divorce, including child custody, property division, and spousal support.
Divorce mediation is a collaborative process, where the spouses work together with a neutral mediator to reach agreements on all of the divorce issues. The mediator does not make decisions for the couple, but they help them communicate effectively and work towards a settlement that is fair for both parties.
Q: Which is right for me?
There is no one-size-fits-all answer to this question. If you and your spouse are able to communicate effectively and are willing to compromise, mediation may be a good option for you. However, if you have a lot of conflict or there are complex issues involved in your divorce, litigation may be a better choice.
Here are some factors to consider when making your decision:
- The level of conflict in your marriage: If you and your spouse are unable to communicate or cooperate, mediation may not be successful.
- The complexity of your financial situation: If you have a lot of assets or debts, litigation may be necessary to ensure that everything is divided fairly.
- The presence of children: If you have children, you will need to make decisions about custody and child support. Mediation can be a good option for parents who want to work together to create a parenting plan that is in their children’s best interests.
Q: What are the pros and cons of each approach?
- You have an attorney fighting for your best interests.
- The court can make decisions on all of the divorce issues.
- Can be expensive and time-consuming.
- Can be adversarial and create more conflict.
- You may not have as much control over the outcome of your case.
- Can be less expensive and time-consuming than litigation.
- Can be more collaborative and less adversarial.
- You have more control over the outcome of your case.
- May not be successful if there is a lot of conflict or complex issues.
- You may need to hire an attorney to review the agreement you reach in mediation.
Q: How much does each cost?
The cost of divorce litigation can vary depending on the complexity of your case and the experience of your attorney. However, it is not uncommon for divorces to cost tens of thousands of dollars or even more.
The cost of divorce mediation is typically less than the cost of litigation. The hourly rate for a mediator is generally lower than the hourly rate for an attorney. Additionally, mediation sessions are usually shorter than court hearings.
Q: Where can I learn more about divorce litigation and divorce mediation?
There are many resources available to help you learn more about divorce litigation and divorce mediation. You can talk to an attorney, a mediator, or a financial advisor. You can also find information online and in libraries.
Here are some helpful resources:
- The American Bar Association: https://www.americanbar.org/groups/family_law/
- The American Academy of Matrimonial Lawyers: https://aaml.org/
- The National Council on Family Relations: https://www.ncfr.org/
I hope this information is helpful! Remember, the best way to decide which type of divorce is right for you is to talk to a family law attorney or a divorce mediation attorney. They can help you understand your options and make the best decision for your situation.
About Family Divorce Lawyer, Leon F. Bennett, Esq.
The Law Offices of Leon F. Bennett provide efficient and effective Family Law services throughout Southern California for over 35 years that satisfy you and your family’s goals. Leon F. Bennett, Esq. is an expert Woodland Hills divorce attorney who will get the desired results for you and your family.
Contact us today to help find a suitable family law solution with compassion and closure.