The California court encourages couples to resolve peacefully and achieve goals using sensible methods. Processing a divorce provides couples with two initial options: Collaborative Mediation or Litigation.
What do they entail?
Read on to find out more about these legal divorce processes.
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The Collaborative Process of Divorce Mediation
If you are considering proceeding through a divorce, one of the first options you need to open for consideration is Divorce Mediation in Los Angeles.
Divorce Mediation is a legal collaboration that divorcing couples can go through. The process involves allowing a legal third party to mediate between you and your spouse. This can help to ensure that you have a fair and equitable divorce settlement.
The main advantages of Divorce Mediation are that it is cost-effective and allows both parties to agree. One of the key benefits is that it will enable both spouses to remain present at all times during the Mediation process, allowing them to make their suggestions and changes. This is important because some people feel that they need to be on the ‘winning’ or ‘losing’ side of a divorce.
Mediation includes reaching an agreement more quickly, avoiding the use of ‘unjust’ tactics, and wasting time on legal tangles. This strategy is especially relevant when the couple is facing a divorce that involves property disputes, California custody laws, and spousal support, among other issues.
The Traditional Process of Divorce Litigation
The Divorce Litigation process is just as complicated as any other legal proceeding, and there are many things that you will need to know so that you can prepare for the entire process.
The California Divorce Litigation process is broken down into many stages. However, it mainly involves presenting your divorce case in the court, where the presiding judge will make the final resolution.
At the beginning of the divorce process, you will file several legal papers, and you will be asked to sign them. It includes financial documents and other necessary records like proof of marriage, custody agreements and property deeds, etc. If you are served with divorce papers, you will need to get copies of them signed by witnesses. Ensure that you have all of the relevant documents ready when you go to court.
How to File For Divorce in California
The first step to file for Divorce Litigation is processing the summons and petition. The petitioner will file the legal documents, most preferably under the advisement of a family law divorce attorney. The documents will then be submitted to the court to open the case officially.
There are necessary fees for filing the summons and petition. However, California also provides an option to waive the fees for filing. You can ask the court clerk on how to file for the waiver request.
It is important to note that Collaborative Divorce Mediation does not resolve all problems that could come in the middle of processing a divorce. Nonetheless, it allows you and your partner to sit down and talk about things that may have been left out of the original discussion. By allowing both parties to participate, you can find a solution without having to proceed to Litigation. Furthermore, if there are no significant problems that have not been resolved, then the divorce process can go smoother. If one of the parties is dissatisfied with the final agreement, you can still work on creating a compromise.
People Also Ask
What Are the Benefits of Divorce Mediation?
Mediation is a more amicable way to settle a divorce by elimination expensive, drawn-out attorney fees. It can also ease the emotional burden of a traditional litigation settlement.
What Is the Difference Between Mediation and Divorce?
Couple have much more control of their situation in a mediated setting as they can interact with a non-biased, third-party mediator to air their views of division of assets, property, etc. In the case of mediation, the spouses may have an attorney present, but more often the individuals represent themselves and thus avoid the timing headaches and expense of hiring an attorney.
What Are the Disadvantages of Divorce Mediation?
You, the divorcing parties, are the decision makers. The mediator does not make decisions for you and, if you have no attorney, then it’s up to the couple to agree on a mutually beneficial dissolution agreement. If certain issues cannot be resolved by the couple, then attorneys will need to be hired and divorce litigation will ensue.