Historically, ending a marriage usually meant a long trial with steep legal fees. But today, in California, divorce mediation is an option that can save divorcing spouses money and time and help them avoid the frustrations of a courtroom trial. Mediation encourages divorcing spouses to cooperate and to avoid the emotional costs of a contested courtroom divorce trial.
At Fischer & Van Thiel, LLP, we are experienced Oceanside divorce mediation attorneys who can advise you and guide you through the divorce mediation process. The benefits of divorce mediation – when compared against going to court – are considerable. You and your spouse – not a judge – retain control in the mediation process.
Divorce mediation is confidential in the state of California, so unlike a courtroom divorce trial, there’s no public record of the proceeding. Another benefit of mediation is that the final divorce agreement is based on your needs and your spouse’s – not on California state law and its requirements.
Is Mediation Right For Every Divorcing Couple?
Mediation will not be right for every couple seeking to divorce. If the spouses can’t agree on matters like the division of property and assets, spousal support, or issues regarding children, the divorcing spouses will instead probably have to consider going to court for a traditional divorce trial.
But if you want to remain cooperative for the sake of the children or for any other reason, then mediation may be right for both of you. While a desire to maintain respect isn’t required for successful mediation, it helps. In the Oceanside and San Diego area, an experienced Oceanside divorce mediation attorney at Fischer & Van Thiel, LLP can explain more about divorce mediation and help you determine if mediation is right for you.
What To Expect In The Divorce Mediation Process?
What exactly is divorce mediation in California and what should I expect? What happens is that you and your spouse, usually with the help of your divorce attorneys, hire a neutral, certified, third-party mediator to help you resolve the disputes in the divorce. The mediator works to guide the divorcing partners toward a final divorce settlement that is fair and that satisfies both parties.
A divorce mediator cannot legally compel either party to do anything, so the success of any particular divorce mediation procedure depends on the voluntary and honest participation of both spouses. If one partner isn’t being forthright – or is simply stalling – it may be difficult to reach a fair, final divorce agreement. Mutual cooperation is the key to mediation.
When you work with a skilled Oceanside divorce mediation lawyer at Fischer & Van Thiel, LLP, you won’t have to search for a divorce mediator. Our attorneys can advise you regarding mediation and recommend a mediator. You’ll want to meet personally and in advance with any prospective mediator because it must be someone you are comfortable with and trust.
A successful divorce mediation requires both partners to be flexible and willing to compromise. Mediation offers to divorcing partners an opportunity to dissolve their marriage with the respect and good will that they and their children truly deserve. In southern California, to learn more about divorce mediation – or to get started – contact Fischer & Van Thiel, LLP at 760-722-7646 to schedule a preliminary legal consultation.