The Pros & Cons of Divorce Mediation: A Fresh Approach to Ending a Marriage | Los Angeles Divorce

Posted by Tim Blankenship on

 

The Pros & Cons of Divorce Mediation: A Fresh Approach to Ending a Marriage

Divorce is never easy, and the traditional courtroom battles can often add stress and financial strain to an already difficult situation. However, mediation offers a unique and collaborative alternative that can change the entire divorce experience. In this post, we’ll explore the pros and cons of divorce mediation, how it works, and when it might not be the best option for your situation.

Understanding Divorce Mediation

Mediation is a process where a neutral third party, known as a mediator, helps couples work through the key issues of their divorce. This collaborative approach focuses on cooperation rather than conflict, allowing both parties to discuss and resolve matters such as property division and child custody amicably.

Benefits of Divorce Mediation

Mediation comes with various advantages that can make the divorce process smoother and more manageable. Let’s break down some of the primary benefits:

  • Cost-Effectiveness: One of the most significant advantages of mediation is the potential for cost savings. Traditional litigation can lead to exorbitant legal fees, while mediation typically requires fewer sessions and thus incurs lower costs.
  • Time Savings: Mediation can expedite the divorce process. Couples often reach resolutions faster compared to the lengthy court battles that can drag on for months or even years.
  • Confidentiality: Mediation keeps your discussions private, unlike court proceedings that are public. This confidentiality can provide peace of mind and protect your personal matters from becoming public record.
  • Control Over Outcomes: In mediation, both parties maintain control over the decisions that affect their lives. They collaborate to create agreements that work for both, rather than having a judge impose a decision.
  • Emotional Well-Being: Mediation can reduce the emotional toll of divorce. The process encourages cooperation and understanding, which can lead to a more amicable separation, especially beneficial for families with children.

When Mediation Works Best

While mediation has many benefits, it is most effective under certain conditions. Here are some scenarios where mediation shines:

  • When both parties are willing to compromise and communicate openly.
  • In cases where there are no significant power imbalances or issues of abuse.
  • When couples are focused on co-parenting and maintaining a healthy relationship post-divorce.
  • When the financial situation is straightforward, allowing for simpler negotiations.

Potential Drawbacks of Divorce Mediation

Despite its many advantages, mediation may not be suitable for everyone. Here are some potential downsides to consider:

  • Not Legally Binding Until Filed: Agreements made during mediation are not legally binding until they are filed with the court. This means that if one party changes their mind, it can create complications.
  • Requires Cooperation: Mediation only works if both parties are willing to engage constructively. In high-conflict situations or where one party is unwilling to cooperate, mediation may stall.
  • Potential for Power Imbalances: If one party holds significantly more power, whether financially or emotionally, it can skew negotiations and lead to unfair agreements.
  • Complex Issues May Require Legal Oversight: In cases where there are complex financial situations or significant assets, having legal representation may be necessary to ensure fairness.

When Mediation Might Not Be Effective

There are specific circumstances where mediation may not be the best approach:

  • When there is a history of domestic violence or abuse, as this can create an unsafe environment for mediation.
  • In cases where one spouse is unwilling to negotiate in good faith or is manipulative.
  • When significant emotional issues are present that may hinder constructive dialogue.

A Real Client Case: Transitioning from Litigation to Mediation

At Divorce661, we recently helped a couple who initially pursued a litigation path. They faced escalating legal fees and emotional distress due to the adversarial nature of their proceedings. After assessing their situation, we recommended switching to mediation. Through our guidance, they were able to reach a mutually satisfactory agreement, saving them thousands of dollars and allowing them to move forward peacefully.

Ensuring Legally Binding Agreements

One of the unique aspects of Divorce661 is our commitment to ensuring that mediation agreements are legally binding. Once the couple has reached an agreement, we assist in drafting the necessary legal documents and filing them with the court. This step is crucial in providing security and finality to the mediation process.

Conclusion: Is Mediation Right for You?

Deciding whether to pursue mediation is a personal choice that depends on your circumstances. It offers a more amicable, cost-effective, and efficient way to navigate divorce, but it requires willingness and cooperation from both parties. Assess your situation carefully, and if mediation seems like a viable option, consider seeking help from experienced professionals like those at Divorce661.

For couples looking to finalize their divorce after mediation, Divorce661 is here to help. We provide the support and expertise you need to ensure a smooth transition into your new chapter.

Ready to take the next step? Contact us today to schedule a free consultation and learn more about how we can assist you in your divorce journey.

 

How to Get Divorced Without Going to Court: The Easy Way! | Los Angeles

Posted by Tim Blankenship on

How to Get Divorced Without Going to Court: The Easy Way!

Divorce can be a daunting process, filled with emotional turmoil and complicated legalities. However, many people are surprised to learn that in California, it’s entirely possible to finalize a divorce without ever stepping foot in a courtroom. This guide will provide you with a clear path to navigate the divorce process smoothly and efficiently, without the stress of court appearances.

Understanding Uncontested Divorce

The key to avoiding court in a divorce is having an uncontested case. An uncontested divorce occurs when both parties agree on all significant issues, such as property division, custody, and support. This agreement allows you to complete the necessary paperwork and finalize the divorce without needing a judge’s intervention.

For example, we recently assisted a couple who had been married for over 15 years and owned multiple properties. They were initially worried about the potential for a court battle when dividing their assets. However, after working with us, we drafted a detailed settlement agreement that satisfied both parties, allowing them to finalize their divorce without a single hearing.

The Role of Paralegals in the Divorce Process

Another effective strategy to keep your divorce out of court is to use a paralegal service instead of hiring attorneys. Bringing attorneys into the picture can often escalate conflicts, as lawyers are trained to advocate fiercely for their clients, which can lead to unnecessary legal battles.

In one instance, a client came to us after initially hiring a lawyer who insisted on taking their spouse to court over minor disagreements. Realizing they didn’t want to fight, they switched to our paralegal service. We helped them settle everything on paper, saving them thousands in legal fees and months of court delays.

Utilizing Mediation for Disagreements

Sometimes, couples may disagree on certain terms but still wish to stay out of court. In such cases, mediation can be a helpful tool. A neutral mediator can guide both parties through the process of resolving disputes without litigation.

For example, we worked with a couple who couldn’t agree on spousal support. They decided to attend one mediation session, where they settled on a fair amount, and we took care of all the paperwork from there—no court needed!

Submitting a Complete and Error-Free Judgment Package

One of the most common reasons individuals end up in court is due to incomplete or incorrect paperwork. If the court rejects your divorce judgment because of errors, you may need to start over or appear before a judge to explain your mistakes.

We had a client who struggled to finalize their divorce for over a year because their paperwork kept getting rejected due to missing key legal language in their settlement agreement. After reviewing their case, we corrected the necessary details and resubmitted it properly, leading to their divorce being approved within weeks without any court hearings.

How Divorce661 Helps You Avoid Court

At Divorce661, we are dedicated to helping you navigate the divorce process without court involvement. Here’s how we assist you:

  • We handle all paperwork and filings, ensuring that nothing gets rejected.
  • We guide you through agreements to ensure everything is properly documented.
  • We e-file where available, speeding up court processing.
  • We offer mediation referrals for couples who need assistance in reaching an agreement.
  • We ensure your case is handled 100% remotely, so you never have to appear in court.

Steps to Finalize Your Divorce Without Court

If you and your spouse agree on all aspects of your divorce, you can follow these steps to avoid court:

  1. File Initial Divorce Papers: Start by filing a Petition for Dissolution of Marriage and any required supporting documents at your local courthouse. There’s typically a filing fee, around $435, but you can request a fee waiver if needed.
  2. Serve the Divorce Papers: After filing, you must serve your spouse with a copy of the papers. A third party, such as a process server, must deliver them, and your spouse will have 30 days to respond.
  3. Reach an Agreement on Key Issues: Both spouses must agree on essential issues like property division, custody, and support. If needed, mediation can help facilitate this agreement.
  4. Complete Financial Disclosures: Both parties must complete and exchange financial disclosures, ensuring transparency in the divorce process.
  5. Submit a Written Settlement Agreement: Draft a Marital Settlement Agreement outlining your decisions, which both parties must sign, to be submitted to the court.
  6. File Final Judgment Paperwork: After the mandatory six-month waiting period from the date your spouse was served, submit the Judgment and Notice of Entry of Judgment to the court for approval.

Benefits of Avoiding Court

Opting for an out-of-court divorce has several advantages:

  • Lower Costs: Save on legal fees and court costs by settling outside of court.
  • Faster Resolution: Divorces are often resolved more quickly through negotiation or mediation than those resolved in court.
  • Privacy: Keep personal details like finances and custody arrangements private, unlike public court records.
  • More Control: You and your spouse can agree on terms that work for both of you, rather than leaving decisions to a judge.
  • Reduced Conflict: Working together outside of court fosters a less confrontational environment.
  • Less Emotional Stress: Without formal court proceedings, the emotional strain of divorce is often reduced.

When Is Court Necessary?

While many divorces can be resolved outside of court, certain situations may still require a court appearance:

  • Contested Divorces: If you and your spouse cannot agree on key issues, a judge may need to intervene.
  • Domestic Violence Cases: A court may be required to obtain protective or restraining orders.
  • Child Custody Disputes: The court may need to determine the best interests of the child if parents cannot agree.
  • Disputes Over Support: If disagreements arise regarding child or spousal support, court intervention may be necessary.
  • Uncooperative Spouse: If one spouse refuses to participate in the divorce process, a court appearance may be needed.

Consulting Legal Professionals

Even in an uncontested divorce, consulting with a legal professional can provide significant benefits:

  • Correct Paperwork: Ensure all legal forms are properly filled out to prevent delays.
  • Protecting Your Interests: A lawyer can review your agreement to ensure fairness and legal binding.
  • Avoiding Future Problems: Prevent vague terms in your divorce agreement that could lead to disputes later.
  • Expert Guidance: Legal advice can help navigate complex issues, like tax consequences or asset division.
  • Streamlining the Process: A lawyer can make the divorce process smoother and more efficient.

Conclusion: Get Started on Your Divorce Today!

Divorce doesn’t have to be a stressful, drawn-out process filled with courtroom drama. With the right approach and support, you can achieve a quick, amicable divorce without ever stepping foot in court. At Divorce661, we are here to help you through each step of the process, ensuring everything is handled properly and efficiently.

Contact us today for a free consultation and let’s get your divorce finalized the easy way!

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Mediated California Divorce : When & Why To Start Your Divorce Paperwork

Posted by Tim Blankenship on

If you are going to have a mediated California divorce, you may want to also consider starting your divorce paperwork at the same time. Mediators will generally only handle the mediation of your divorce and help you come to an agreement, but they generally don’t handle the paperwork. And people are surprised that after they have spent several months in mediation that they never started the process on the 6 month divorce process with the courts which just causes delays.

Mediated California Divorce : When & Why To Start Your Divorce Paperwork

Today we’re talking divorce mediation and the process of doing that and what we encourage you to do and I’ll give you the rationale behind it.

If you’re going into mediation, mediators will typically mediate your entire divorce case before any action is taken with the courts. Let me give you an example or let me give you some opposing views.

We File Your Divorce Case First To Start The Clock On The 6 Month Process

If you call us, the 1st thing we do is get your case filed, get it served, so we can start the clock on the process. Then it can take as long as it needs to take. 3 months, 6 months, 9 months, a year. You can do your mediation. You can go through that process, but the benefit to filing initially is that you start the clock on the 6 month process.

Why Spend Months Mediating & Never Start The Court Process?

Here’s the alternative. If you go to mediation and let’s say you spend 6 months in mediation, you finally iron out your agreement, you have a memorandum of understanding drafted for you and you say okay, let’s go through the divorce process, you basically it’s as if you’re just getting started. You have to file a case.

File & Serve Divorce Papers And Then Mediate

You have to have the paperwork served and the 6 month clock starts after you come to all of your agreements. Now that’s fine unless you’re hoping to have your divorce case completed faster. If that’s the case, you can go ahead and do your mediation, but at the same time, go ahead and call us so we can get your paperwork started for your divorce, get it served, start the clock and then take as long as you want.

That way when your memorandum of understanding is completed and you guys are all in agreement and done, you can literally finalize right there on the spot. Tim Blankenship, divorce661.com. Thanks for watching. Hope this was helpful and have a great day.

Divorce Mediation Interview With John Morrison of Morrison Mediation

Posted by Tim Blankenship on

I conducted a comprehensive interview with John Morrison of Morrison Mediation where we discussed divorce mediation. We talked about just about anything you would need to know when going through a divorce in California and whether using a divorce mediator would be useful or appropriate.

Below is the full 35 minute interview, however, I will be breaking the interview down into smaller bit-size bits as well so you can quickly find the answers you are looking for related to divorce mediation in California.

I will make sure to link to all of the individual parts of the interview so you can quickly listen to the portion of the interview about divorce mediation that interests you.

John Morrison and I talked about some really interesting topics related to divorce mediation in California. We talked about when you might want to use a divorce mediator, to if it is even appropriate in your case. We talk about how to choose a divorce mediator and why if you have complex financial issues you may want to consider using a mediator who is learned in complex financial issues.

John Morrison is a Certified Divorce Financial Analyst. Now I have spoke and interviewed many divorce mediators, but never spoke to someone that held this designation and it was very interesting to learn about this specialty.

You can learn more about John Morrison at MorrisonMediation.Com

How Much Does Santa Clarita Divorce Mediation Cost

Posted by Tim Blankenship on

How Much Does Santa Clarita Divorce Mediation Cost

If you are going through divorce in Santa Clarita, one option you might want to consider is Mediation.  Mediation costs are much less than hiring an attorney for your Satna Clarita divorce.  In fact, the cost of mediation and our Santa Clarita divorce mediation services combined, will cost you less than half the amount you would be asked to pay for a lawyers retainer fee for your Santa Clarita divorce.  Watch this video for more information about how much Santa Clarita divorce mediation cost.

Tim: Mediation let’s tell folks how low cost it could be.

Lisa: Okay.

Tim: With mediation let’s say combined with our service where let’s say we are your Legal Document Preparation, we do the paperwork for them, we take care of all of going to court filing and serving all that.

Lisa: Right.

Tim: But they need help with the agreements.

Lisa: Okay.

Tim: So we can kind of work cohesively together, our two companies I would say we get this case filed and get things started and get their financial stuff out in the open.

Lisa: Right.

Tim: Get that stuff done. And then generally, is that a good time for them to start the mediation process?

Lisa: Yes. So the way that I work it and I’ve done a lot of research and I’ve talked to a lot of Mediation Firms and I’ve worked with and I’ve gone through lots of pretty intense trainings.

I continue to go and learn new things. The field is just expanding very quickly. And I’ve talked to everybody that I can about ‘Well how do you set up your process? And how do you have your fee?’

And you know most of attorneys they do it with the way attorneys do it.

Tim: Right.

Lisa: And is pretty uniformed and that’s how they do it. Non-attorney mediators have a bit of a different and we can be more flexible.

And we can decide–we’re going away from the attorney set up as far as fees. My initial consultation is free.

Call me on the phone and ask me as many questions as you want. I’m not going to charge you for it. I’ll take 30-60 minutes with you and explain the process.

I’ll let you ask as many questions as you want. I’ll send out a pocket before that you can read through.

And ask any questions about that, the mediation agreement, what it all entails and then after that it’s a $150 per hour per party for each session.

And they usually last, each session we max out at three hours. I find that after three hours people just don’t want to think anymore.

That’s about the maximum. And I know I have heard about marathon mediation sessions that go all day long and people are just dead.

They can’t think anymore. They don’t want to talk anymore. They don’t want to try to come to any kind of agreement anymore.

And there’s not a whole lot of progress made. So I’ve decided that three hours chunks.

If it’s a simple mediation and then the partners have talked extensively before they even come in a three hour session is probably all they need.

Tim: And they may be mediating in every part of them?

Lisa: Exactly.

Tim: Or maybe just a single issue.

Lisa: Exactly. So –

Tim: Right?

Lisa: Many times I’ve had attorneys that don’t want to deal with the emotional parts of mediation where children are involved.

They asked me to step in and do the parenting plans because that’s something that they’re not comfortable with. They don’t like the wife crying.

They don’t want to hear all about the trauma and they say, ‘Hey you know Lisa is a mediator. And she’s going to help you out with the parenting plan. And hopefully the two of you can figure something out as far as the kids are concerned. And then you can come back and we can talk about your money.’

Tim: So what is the Math on that? You said a $150 per hour per party?

Lisa: Per party

Tim: Per session.

Lisa: So it’s like $300 if you go to a three sessions. So it’s 900 bucks for that session.

Tim: For three hours?

Lisa: For three hours.

Tim: Okay.

Lisa: If it’s an extensive mediation to where they haven’t even thought of anything, they’re just starting the process sometimes it will take two or three sessions to get through all of what they need to come up with the best agreement.

Tim: It depends on how much they have?

Lisa: But there’s no hidden cost. They’re not going to get a bill.

And I usually ask them to pay that before the mediation depending–

Tim: Okay.

Lisa: And if it go shorter then I refund them as ‘Okay, I think this is probably going to be two hour session.’

Tim: Yes.

Lisa: And we knocked it out with an hour and a half. Then I refund that amount.

Tim: Sure.

Lisa: There are no hidden costs. And as far as the filing this is why I think our two companies is such a great partnership because as a non-attorney mediator, I don’t have the legal background.

I’m not allowed. It’s illegal for me to drop any kind of legal documents.

Tim: Same with us.

Lisa: So I—

Tim: We’ll draft legal documents.

Lisa: Right.

Tim: Okay, and then Lisa you give legal advice?

Lisa: No. No legal advice.

Tim: Yes.

Lisa: I always say, ‘You know what? It’s probably –‘

Tim: We draft legal documents.

Lisa: Yes, I was going to say that’s what you do but no legal advice.

Tim: Right.

Lisa: And—and attorney mediator shouldn’t be doing that anyway. But as a non-attorney it’s easy for me because I don’t do the law. That’s not what I do.

Tim: Right.

Lisa: So that’s where I say, ‘but I have this great company that will get everything together that needs to be filed. And your costs are also extremely low.’

 

How Mediation Works During Divorce In California

Posted by Tim Blankenship on

Live Broadcast Thursdays at 1 p.m. ( This Event Has Been Moved To Thursday, June 12, 2014)

In this live broadcast, we will be talking about divorce mediation, how it works, and the different types of divorce mediation services out there.  

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Santa Clarita Divorce Mediation | A Santa Clarita Divorce Service

Posted by Tim Blankenship on

What does it mean to mediate your divorce?  Want the easy answer?  Good!

When you go to a mediator, you are asking a neutral third party attorney to assist you with coming to an agreement about the terms of your divorce.

A mediator will work with both spouses to explain how the law works so you can make informed decisions on how to best divide your assets and debts and to work on parenting plans, etc.  Essentially, mediators will help with whatever issues you are unable to resolve on your own.

Once you are in agreement, they will draft a “marital settlement agreement” or MSA which you will sign.

But why are we discussing this on a divorce document preparation service site you ask?  Because mediation is the next step if you cannot come to an agreement on your divorce.

Let me give you an example.

Many people who don’t want to spend thousands of dollars on their divorce come to me to prepare their divorce for them.  These folks are mostly in agreement on the terms of their divorce.  But there may be one or two sticky points they are still working on.

What we will do is get their divorce filed and start the process.  We will prepare and complete all the necessary mandatory forms including the financial disclosures.  Once this is done, you are ready to work towards some type of agreement on the distribution of your assets and debts.

Let’s assume at this point that you are unable to come to an agreement on say a parenting plan or the amount of support to be paid.  Where you are unable to make decisions, using a mediator can help.

A mediator can provide you with the information you need so you can make informed decisions.  A divorce mediator is far better than the parties going out and hiring individual attorney’s.  There is certainly a cost advantage to using a divorce mediator.

I have clients that come to me who later need mediation.  I refer them out to a local Santa Clarita divorce mediation team who will help them through their issues and draft the marital settlement agreement.

Once the agreement is drafted, they come back to me to finish up the divorce documentation and we submit the final judgment.

What we recommend is that you start your divorce with us and allow us to get all the paperwork done for you.  This will save you a lot of money.  Then if you need to speak to a divorce mediator, you can go to them for help on an agreement.  Then we will wrap up your divorce for you.