It’s no secret that going through a divorce can be an incredibly stressful time for those involved. Not only is this a complex emotional matter, but there are many legal considerations you’ll need to make as well. That’s why understanding what to expect when going through a divorce in California is critical. One thing you may not have considered is whether you’ll need to participate in mandatory mediation. The following blog explores what you must know about these matters and why it’s in your best interest to connect with a Los Angeles divorce attorney for these complex issues.
What Is Mediation?
Mediation is a form of dispute resolution in which two parties who cannot reach an agreement on a matter will try to negotiate the outcome of their dispute through a series of discussions. These conversations are facilitated by a neutral third-party entity who serves to mediate the conversation. It is their job to ensure both parties feel heard and to explore different compromises. The mediator cannot take sides or provide legal advice to either party.
While mediation is beneficial for many aspects of disputes, from management and employees to landlords and tenants, it is often used to help divorcing spouses reach an agreement on different areas of their divorce, from alimony and property division to child custody.
Is There Mandatory Mediation in California?
Many states make mediation a mandatory part of the divorce process for several reasons. The courts often find that mediation can help couples reach an agreement without litigation, meaning it saves time and money for both parties. Additionally, it helps free up the court system, meaning cases are resolved faster due to the few couples appearing before a judge.
California, however, is slightly different. While mediation is mandatory in the Golden State, it is only mandatory in divorcing couples with children. Custody circumstances are the only times in which the courts can mandate mediation for a couple going through a divorce.
Even if you and your spouse do not have children, you may want to consider mediating your divorce. This is beneficial, as it can save you time and money. You and your spouse can schedule the mediation for a time that works for both of you. In addition, mediation offers a more private and confidential divorce, which is ideal for those who do not want their divorce public.
If you and your spouse are interested in mediating your divorce, you may assume that you don’t need legal representation. This is far from the truth. In reality, having an attorney, even for mediation, can help ensure the agreement you and your spouse reach during the session to ensure the terms and conditions of the agreement reflect your best interests.
When you and your spouse go through a divorce, it can be an incredibly complex matter. That’s why the team at the Zitser Family Law Group is ready to represent you. If you want to file for a divorce or have just been served papers, connect with us today to learn how we can help you move on to the next chapter of your life.
