Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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There are alternatives to litigated divorce

You and your spouse may have had hard times in the past, and you were able to muddle through them. At this point, however, you both agree that the marriage is not working, and it is time to end it. As sad and difficult as it may be, you know it is the right decision for both of you, and you hope to remain part of each other's lives, especially if you have children.

With this in mind, you may dread the thought of going through a divorce. You may know couples with good intentions who were practically enemies by the time the divorce process ended, and you don't want that for your family. Fortunately, there are more amicable options if you and your spouse are willing to compromise and negotiate over the critical issues involved in your divorce.

Is mediation right for you?

In a courtroom, spouses are on opposite sides fighting to get what they feel they deserve. This sometimes brings out the worst in couples and results in hurt feelings and damaged relationships. Mediation, on the other hand, happens in a neutral setting where you and your spouse sit at a table and discuss the issues until you reach a resolution. A mediator, an unbiased third party, keeps the conversation focused and offers suggestions to facilitate the discussion, but ultimately, you and your spouse make the decisions.

More California couples are choosing mediation for these reasons and others:

  • It allows you to maintain control over the process and the results instead of placing your future in the hands of a judge.
  • Mediation keeps the particulars of your relationship and divorce confidential because it does not occur in a public court.
  • This form of alternative dispute resolution often goes much faster and is less expensive than traditional litigated divorce.
  • Those who go through mediation are often more satisfied with the results and are therefore more likely to abide by the decisions, such as parenting, child support and property division agreements.
  • You and your spouse can still seek the advice and counsel of your individual attorneys who can attend the mediation meetings with you to ensure the protection of your rights.

While mediation seems to be ideal for reaching a civil and respectful end to your marriage, it is not appropriate for every situation. For example, if your spouse is abusive or you have reason to believe he or she is hiding assets, you may benefit more from the discovery process and the protections of family law court. Before you decide what is best for your family, you would be wise to learn as much as you can about California divorce laws and the options available to you.

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

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Del Mar, CA 92014

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