Questions Answered about California Divorce and Mediation
More Questions answered here about the steps in the mediation process, the different courthouses or places for mediation, and what mediation in divorce is like and what to expect.
Q: Why should I consider family law mediation in my current divorce case?
A: Many reasons exist for choosing family law mediation. Most importantly, mediation can allow you and your spouse to make your own decisions about your divorce in a manner that’s more cost-effective than taking your case to court. When you decide to resolve your disputes through mediation instead of a court proceeding, you’ll have a mediator who will ensure that any decisions made are equitable and fair to each of the spouses involved.
Mediation is a type of alternative dispute resolution (ADR). In addition to being a cost-effective method for handling divorce disputes, it allows spouses to be involved in the negotiation process. In other words, you’ll have a key role in determining things like property division and child custody.
Choosing mediation can also allow you to keep your children from being in the middle of your divorce. While litigation can create a substantial amount of anxiety for spouses, it can also have a detrimental effect on children. Mediation can help to keep animosity to a minimum, as it focuses on collaboration, negotiation, and agreement.
Q: I’m not sure that my busy work schedule allows for mediation. How many sessions will I need to attend, and how long will those mediation sessions last?
A: The length and number of mediation sessions vary depending on each case, but they usually last about 2 to 3 hours. Some couples can resolve their disputes in a short number of sessions, while others need more time. Mediation can be a good option for many professional fathers in the San Diego area, and it usually takes less time than a traditional divorce. We encourage you to speak with a California divorce lawyer with experience in both mediation and litigation. We can help to determine whether mediation is a good option for you.
Q: If I opt for mediation, how long will I have to wait before my divorce becomes final?
A: Unlike a traditional divorce proceeding in California, in which you must wait 6 months between filing for the divorce until it can become final, mediation allows you to avoid that 6-month waiting period. Indeed, with mediation, your final judgment can be entered before 6 months have elapsed. Then, your official marital status will shift from being married to single on a future date that coincides with the 6-month rule.
Q: I’m concerned that my divorce case will hurt my professional reputation if my spouse contests matters like support and custody. Will other people know the details of my mediation sessions?
A: In short, the answer is no. One of the advantageous aspects of mediation is that all of the discussions that take place within your sessions are privileged and confidential. Indeed, California law specifically stipulates that “all communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.”
We know how important your professional reputation can be, and even if your divorce ultimately requires litigation, we have the experience to ensure that you’re satisfied with the outcome. Contact a San Diego divorce attorney to learn more about mediation and litigation options for divorce.
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