Santa Clarita Divorce | Who Makes The Decisions During Divorce Mediation?

Posted by Tim Blankenship on

Santa Clarita Divorce | Who Makes The Decisions During Divorce Mediation?

As we continue on the journey of answering some of the myth’s to questions we get about Santa Clarita divorce mediation, we now are talking about who makes the decision during divorce mediation and who decides what is fair.  While I have heard of some horror stories  where people said they went to a divorce mediation and the mediator actually took someone’s side, in most cases this does not happen.

Listen to this quick podcast interview where we discuss this issue in detail.

Santa Clarita Divorce | Who Makes The Decisions During Divorce Mediation?

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Santa Clarita Divorce | Do Divorce Lawyers Understand Divorce Mediation?

Posted by Tim Blankenship on

Santa Clarita Divorce | Do Divorce Lawyers Understand Divorce Mediation?

The reason we discussed this in this interview on the podcast is because there are different types of Santa Clarita divorce mediators. In this podcast we talk specifically about lawyer mediators or attorney mediators.

What has happened is mediation has become a more popular form of getting through their divorce and attorney’s are jumping on the bandwagon so they can cash in on some of this business. So now some or most of the Santa Clarita divorce attorney’s are advertising some type of mediation service.

What we discuss in this podcast is if hiring an attorney to do you mediation is the right choice.  We are talking about attorney’s whose job it is to represent people in court. They are not normally trained as mediators and their brains are not wired for mediation usually.

Listen to this quick podcast where we discuss this issue.

Santa Clarita Divorce | Do Divorce Lawyers Understand Divorce Mediation?

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Santa Clarita Divorce | Divorce Mediation Is For Wimps

Posted by Tim Blankenship on

Santa Clarita Divorce | Divorce Mediation Is For Wimps

I obviously don’t believe this to be true, but apparently there are people out there that feel that they are week by using a Santa Clarita divorce mediation instead of hiring a Santa Clarita divorce attorney.

In my opinion it takes more guts to use a mediator. Let me explain.  When you hire a Santa Clarita Divorce mediator you have to sit in a room and make decisions that may be difficult to make.  When you hire an attorney, you are basically walking away from that responsibility and putting it into someone else’s hands.  Sometimes you just need an attorney, but when possible a better result will always come from completing your Santa Clarita divorce through mediation.

Listen to this short podcast interview where we discuss this in detail.

Santa Clarita Divorce | Divorce Mediation Is For Wimps

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Santa Clarita Divorce | Does Divorce Mediation Take Longer Than Hiring An Attorney?

Posted by Tim Blankenship on

Santa Clarita Divorce | Does Divorce Mediation Take Longer Than Hiring An Attorney?

Okay, so we are still talking about myths people believe about Santa Clarita divorce mediation.  This myth is that people believe that divorce mediation can take longer that where both parties hire an attorney for their divorce.

If you read my articles and listen to my podcast, you know where I stand when it comes to mediation vs. hiring an attorney for your Santa Clarita divorce.

In this podcast interview we talk about the difference in time it would take to complete your Santa Clarita divorce using a Santa Clarita divorce mediator or Santa Clarita divorce attorney.

Click play and have a quick listen.  When you need help with your divorce, give us a call.

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Santa Clarita Divorce | Can You Have An Attorney And Mediator?

Posted by Tim Blankenship on

Santa Clarita Divorce | Can You Have An Attorney And Mediator?

One thing people ask is that if they are using divorce mediation if they can still hire an attorney.   Sometimes there may be a point where you both use mediation to come to an agreement, but then want to have an independent attorney who is only looking out for your best interests look over the agreements and give you their take on the arrangements you have made during divorce mediation.

We discuss this issue in this podcast episode.

Santa Clarita Divorce | Can You Have An Attorney And Mediator?

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Santa Clarita Divorce | Is Mediation Longer Than Hiring An Attorney

Posted by Tim Blankenship on

Santa Clarita Divorce | Is Mediation Longer Than Hiring An Attorney

We have been talking about divorce mediation for the last couple of podcasts trying to discuss some of the rumors or false facts people have about divorce mediation.

In this podcast we discuss the question of whether divorce mediation is more of a hassle or takes longer than just hiring an attorney.

I will tell you this and then I encourage you to listen to the podcast below.

Divorce mediation is a much better, faster and ultimately cheaper than hiring an attorney. In addition to that you will most likely come out with a better result, especially where children are involved.

Take a quick listen.

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Santa Clarita Divorce | Do Men Have Advantage In Divorce Mediation?

Posted by Tim Blankenship on

Santa Clarita Divorce | Do Men Have Advantage In Divorce Mediation?

When I recorded this podcast I titled it “Are women at a disadvantage in divorce mediation” but in this article I referenced the reverse, but the information is still the same.  I did another podcast where I discussed whether either party has an advantage during divorce mediation where we covered some other issues.

True divorce mediation should not give any advantage to either party and neither the men nor the women should be at an advantage . The entire process of mediation is to bring the parties on an equal footing so they can dissolve their marriage.

.Listen to this short podcast where we discuss whether men have an advantage in divorce mediation.

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Santa Clarita Divorce | Should Everyone Use Divorce Mediation?

Posted by Tim Blankenship on

Santa Clarita Divorce | Should Everyone Use Divorce Mediation?

In this podcast we discuss whether or not mediation would be a good idea for your Santa Clarita Divorce.  While we encourage people to go through with an uncontested divorce, sometimes it is just not possible.  In this interview we talk about when divorce mediation may not be a good idea to get through your divorce using mediation services.

Santa Clarita Divorce | Should Everyone Use Divorce Mediation?

The way I look at things is that going through an uncontested divorce in Santa Clarita is the best way to go through a divorce.  But this takes two people to be cooperative and agree to use divorce mediation.

When people are hiding assets, there is domestic violence, child abuse or other legal issues between you and your spouse, divorce mediation may not be the best option for you.

Please listen to this brief podcast interview where we discuss when and when you should not use divorce mediation.

Santa Clarita Divorce | Should Everyone Use Divorce Mediation?

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Santa Monica CA Divorce Paralegal Service

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Santa Monica CA Divorce Paralegal Service

We are a full service divorce paralegal firm specializing in divorce and serving Santa Monica CA. Our full service Santa Monica CA Divorce Paralegal Service takes care of your entire divorce from start to finish. Our Santa Monica CA Divorce Paralegal Service is flat-fee based so you don’t have to worry about hourly fees and high costs.

In this video we discuss our Santa Monica CA Divorce Paralegal Service.

Watch the short video below to learn more about Santa Monica CA Divorce Paralegal Service.

Santa Monica CA Divorce Paralegal Service

We are a full service divorce paralegal firm specializing in divorce and serving Santa Monica CA. Our full service Santa Monica CA Divorce Paralegal Service takes care of your entire divorce from start to finish. Our Santa Monica CA Divorce Paralegal Service is flat-fee based so you don’t have to worry about hourly fees and high costs.

In this video we discuss our Santa Monica CA Divorce Paralegal Service.

Watch the short video below to learn more about Santa Monica CA Divorce Paralegal Service.

Santa Clarita Divorce | Punishment For California Contempt Of Court

Posted by Tim Blankenship on

Santa Clarita Divorce | Punishment For California Contempt Of Court

I had just finished up writing an article about California Divorce and Contempt of Court and thought I would follow up by writing about what the punishment can be after the divorce court makes a finding of contempt of court.

The punishment for contempt of court comes from California Code of Civil Procedure 1218(c) which states that for each act of contempt, the convicted spouse or parent shall be fined up to $1000 and or imprisoned for up to five days. Notice that this is for each act of contempt. In support proceedings, each monthly payment is a separate act. The court also has the power to order community service.

he punishment in family law proceedings is mandatory.

On a first offense, the spouse or parent convicted of contempt must be ordered to perform community service for up to 120 hours or be imprisoned for 120 hours, which amounts to five days, for each count of contempt. Therefore, for example, if there was a failure to pay child support for 10 months, that is 10 separate counts or 50 days in jail.

If there is a second contempt finding, the rules become more severe, the punishment now becomes 120 hours of community service and imprisonment for up to 120 hours, for each act of contempt.

For a third and any further contempt findings, the convicted spouse or parent must be imprisoned for up to 240 hours (which amounts to 10 days) and ordered to perform up to 240 hours of community service, for each count of contempt.

There are also fees and costs associated with the contempt proceeding.

The court must take into account a spouse or parent’s employment schedule when ordering community service or jail. After all, how is a person found to have violated a court order, especially a support order, supposed to make support payments if your she loses his or her job?

The court is not mandated to award attorneys fees in California contempt of court proceedings. It is a discretionary function of the court.

If you need to file a contempt of court for your divorce case please give us a call for help.  We can prepare your contempt of court motion, file it with the court and serve your spouse to get you into court.

 

References

Farzad Family Law Blog

California Code of Civil Procedure