All You Need To Know About Divorce Mediation

 

Mediation in divorce is a process where the spouses communicate with an experienced family law attorney in Riverside who does not represent either spouse. Instead, the divorce mediator helps both spouses reach resolution of the issues in their divorce.

There are the ones who call themselves divorce mediators and are not attorneys. We believe it is unwise to use a non-attorney mediator. An experienced family law attorney has the education and the knowledge necessary to guide the spouses to a reasonable and amicable resolution.

Working of divorce mediation

Divorce mediation works differently from the normal process of hiring a lawyer. During divorce mediation, each spouse may hire their own attorney to represent them. This is often wise so each spouse has independent representation and advice throughout the process.

Throughout the divorce mediation process, Orange County divorce mediator will help the spouses complete the necessary legal paperwork including but not limited to the divorce or legal separation petition, the response to the petition when that is necessary, each spouse’s disclosures and ultimately the divorce or legal separation judgment.

The process of divorce mediation

A divorce mediator usually interviews both spouses. The purpose of the interview is to better understand relevant facts regarding the marriage including the duration of the marriage, the separation date, the number and ages of the children, the nature and extent of assets and debts, each spouse’s income, and their respective goals for the divorce mediation.

After the initial interview and the spouses hiring a San Bernardino divorce attorney or divorce mediator, the process if usually as follows:

Ø  Completing Disclosures

The spouses will work together to complete the initial information packet that includes a list of all assets and debts, income and expenses, and additional information regarding the children so the mediator can help with child custody issues in addition to financial issues.

As part of the mediation process, the spouses communicate with the mediator on a regular basis if they need help with the initial paperwork. The mediator should not during the process speak with only one spouse. Both spouses should be in every substantive communication.

Negotiations & Settlement

The divorce mediation process transitions to negotiations between the spouses where the mediator helps the spouses reach an amicable settlement. In cases that involve complex marital estates, such as those that include one or more businesses, commercial or investment property, significant money in various financial accounts, or related issues, it is possible the mediator will recommend during the process the joint retention of one of more experts.

Experts may include forensic accountant, a real property appraiser, a personal property appraiser, or others. Ultimately, assuming the spouses negotiate with each other amicably and in good faith, the mediator helps the spouses draft a stipulated judgment. That judgment, when signed by everyone, is then filed with the court and becomes a judgment of divorce or legal separation, based on which route the spouses took.

If you are looking for a reputed domestic violence lawyer in Orange County, feel free to contact Sunita Sood at The Law Offices of Sood and Sood!