For many couples who decide to divorce, spending a small fortune on divorce proceedings isn’t an option, and they often seek ways to minimize costs. One alternative to a lengthy trial is to opt for divorce mediation. An experienced Temecula divorce mediation attorney can help you work through your disputes in mediation, which will save you time and money if you don’t have to go to court.
The Law Offices of Michelanne Hrubic is a compassionate and committed mediation law firm. We use practical tactics to help our clients sort out their differences over such issues as property and asset division, spousal support, and other family matters like custody and parenting time. We take the time to answer your questions and guide you through the legal processes necessary to complete your case in a manner that suits everyone.
Mediation isn’t for everyone, but couples who use mediation often describe their post-divorce relationship positively, especially those who are parents and have to stay in touch because they share children. Many of our clients report that working through things in a calm and diplomatic way on neutral ground helped them see more clearly and focus on what mattered.
Successful mediation is dependent on the attitude of both parties. It requires listening and communicating effectively and constructively. If you both feel that you can meet in the middle and have a fair conversation, mediation will likely work for your family. It can be a great means to sort things out in a way that pleases everyone as much as possible.
Mediation can be a viable option for many divorcing couples who don’t agree on everything but are willing to compromise with each other and come to terms with important issues. Mediation can be a cordial way to iron out the details of a divorce, making things straightforward and clear-cut. One of the biggest benefits of mediation is that, ultimately, the terms are decided by the divorcing parties and not by a judge who is a stranger to your case.
Mediation is not a great option for everyone. If your partner is especially manipulative or has a history of controlling behavior, that pattern will not likely be dissolved by mediation. The less powerful partner could end up giving in too easily to the other party out of habit, which could result in an unfair deal. Also, individuals who refuse to cooperate or communicate are sometimes unable to make any progress through mediation.
If there is a possibility that your partner may be hiding assets or not disclosing key details that are relevant to your divorce, mediation may not be a viable choice. In these cases, it’s advised to speak to a property division lawyer who can identify whether an investigation into your partner’s affairs is needed. If so, reputable attorneys have a network of trusted third-party professionals they can refer you to, like forensic accountants and private investigators.
In most cases, when mediation is not an effective option, it typically means the only alternative left is litigation. Hiring an experienced divorce attorney with a well-rounded background in all things family law can save you from having to find a strong litigator when mediation falls through. The Law Offices of Michelanne Hrubic offers both mediation and litigation services. We also have a well-developed network of proven Temecula contacts that we can call upon if necessary.
In cases that are headed for trial, the family court may require you to have a mandatory settlement conference. This is different from mediation because it is required by the judge, whereas mediation is a choice. Additionally, the conference is overseen by the judge, not a mediator. While the purpose of the mandatory settlement conference is to come to an agreement in hopes of avoiding a trial, there are explicit differences that make mediation stand out.
In mediation, confidentiality is a fundamental component of the process. With this confidentiality comes a level of trust that encourages communication between the parties. It allows the mediator to have a better understanding of the underlying problems that may be causing the disputes. As Dalila Corral Lyons points out in the Advocate, the California Supreme Court acknowledged the importance of confidentiality in facilitating successful mediations in the case Rojas v. Superior Court.
Temecula divorce cases are handled by the Superior Court of California at the Menifee Justice Center in Riverside County. Located at 27401 Menifee Ctr Dr, Menifee, CA 92584, the court is open from 7:30 a.m. until 4:00 p.m. Monday through Friday, with limited phone hours from 7:30 a.m. to 2:00 p.m. In addition, the Riverside Superior Court hosts self-help workshops and events related to divorce.
As of 2021, the divorce rate in California was 5.9 per 1,000 women over the age of 14. This was a significant decrease from ten years previous, when the rate was 8.2. Interestingly, California was the only state west of the Mississippi with a significantly lower divorce rate in 2021. In fact, Idaho had the highest rate, at 11.1.
Like a divorce attorney, the cost of hiring a divorce mediator in California varies across the state. The price is affected by factors such as complexity, time, and the experience of the mediator. Therefore, the cost of mediation could be far from an average estimate. To get an idea of the price points offered in your area, call around and request the rates of local divorce mediation lawyers.
One potential downside of divorce mediation is that there is no guarantee it will result in a fair settlement or any settlement at all. If the parties cannot come to a compromise, the time and money spent on mediation will be wasted. Furthermore, a judge will have to make the final call on disputes in court, which costs even more money and will take even more time.
It is never a good idea to say anything derogatory or negative about your spouse in mediation because it does not contribute to a peaceful dissolution of marriage, which is the underlying goal. It doesn’t look good when one side is spiteful or rude to the other party. This type of behavior can delay the process and result in a stalemate, which will ultimately require a trial and a judge to make the final ruling on your divorce.
The difference between a divorce lawyer and a mediator is that a divorce lawyer will represent their client’s interests in legal matters like trials, provide legal counsel, draft documents for their client, and hold attorney-client privileges. A divorce mediator is a neutral party that does not impart bias on either side but merely facilitates a rapport between the parties regarding the disputes between them. A mediator coaxes spouses to find a place of compromise regarding things like the division of marital assets, spousal support, and child custody.
Mediation can be a simple and quick way for couples to get divorced. At the Law Offices of Michelanne Hrubic, our Temecula divorce mediation attorney knows how to guide you through mediation effectively. To learn more about the services our firm offers, contact us today.
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