Contested or Uncontested
Sometimes one or both divorcing spouses want to contest issues in their divorce. Topics can relate to assets and debts, community vs. separate, support, and children. But, often, spouses want help to create agreements, resolving one or more of their issues.
Who Best Decides
If not you, a court will decide for you. That may or may not solve the problem, provide vindication, or make sense. Judges make rulings based on evidence and legal precedent. If court decisions were predictable, spouses and their attorneys would settle their disputes before trial. Thus, a growing number of divorcing spouses are finding it reasonable to consider alternates to decision-by- court-combat. Attorneys will have differences of opinion. Clients may be afraid of losing, or of not winning. And neither may look for or insist on finding what can work for both. Judges admit: parents and their lawyers know more about their financial issues and their children than the judge ever will. Plus, statistics show that most cases eventually settle. Call NDA. Start from the beginning to resolve conflict, to find solutions, and go forward.
You and your spouse participate, become educated, and make your own decisions. With professional guidance, you create results that work for you. Mediation is a win-win process. Neutral mediators structure the discussions, and focus you and your spouse to look at what are your facts, what are your motivations, concerns, and the goals you want to achieve. What are your options and their consequences? You are assisted with experience to achieve agreements each of you can live with. Court mediation (for children’s issues only) is required if either parent disputes a custody or visitation request. (read more)
Collaboration is cooperative approach to settling divorce issues. For more difficult or contentious cases, each spouse chooses an attorney to assist them in decision making. A divorce coach also helps him/her define and focus on their personal interests and goals. Collaborative attorneys and coaches help educate and inform their clients to understand and choose their best options.
The team often include a neutral financial specialist and, and as may be needed for minor children, a child specialist.
All pertinent information is gathered, shared and digested cooperatively. Decisions are made jointly and temporary arrangements promptly. Assets and debts are identified and valued. Separate vs. community property as well as reimbursement or other issues are investigated. What are the best arrangements for parenting children and for their support are studied and decided on as is spousal support and other issues unique to your family. The results become your enforceable judgment. Call (949) 752-2727. Speak directly to a collaborative attorney.
Attorneys that litigate are bound by the Rules of Professional Conduct to provide clients zealous advocacy for all legal positions that have any reasonable factual or legal support. That means arguing issues that increase costs, but may not likely result in a favorable judicial decision. Another litigation cost is getting financial and other information formally, using the Discovery Act of the Code of Civil Procedure. Motions to compel to defend production of data can cost thousands. Waiting at court for your turn to introduce evidence is a further cost.
Arbitrations is a process in which one or more arbitrators, the parties and their attorneys choose decide the issues. The parties pay the Arbitrators. Who are family law attorneys or retired judges charging an average of $500.00 an hour.
You may also wish to read: “Divorce anxiety, tips to cope and be happy”