Mediation
Divorce Mediation: Process for the Division of Assets
Divorce
Most divorces can be amicable and there is no need to hire expensive attorneys, in fact, most people hire a divorce paralegal to Save Money and make the process of getting a divorce a lot less painless. Paralegals can work independently from an attorney and can assist you with the basic matters of a divorce. Paralegals typically charge less than divorce attorneys.
Mediation for Asset Division
The division of assets during a divorce in California follows the principle of community property. Community property generally includes all assets and debts acquired during the marriage, with some exceptions for gifts and inheritances that were intended for only one spouse.
Under California law, community property is divided equally between the spouses upon divorce, unless the parties agree otherwise. This means that each spouse is entitled to half of the community property assets and is responsible for half of the community debts.
However, it’s important to note that not all property is considered community property. Separate property, which includes assets acquired before marriage, gifts and inheritances received by one spouse during the marriage, and property acquired after the date of separation, remains the sole property of the spouse who owns it. In some cases, determining what constitutes community property versus separate property can be complex, especially if there are commingled assets or assets that have increased in value during the marriage.
Mediation for asset division in divorce is a voluntary, confidential process wherein a neutral third party, known as the mediator, assists divorcing spouses in reaching agreements on the distribution of their assets and liabilities. Here’s a breakdown of the process:
Division of assets Process:
1. The Parties:
Before the first session, each spouse gathers relevant financial documents such as bank statements, tax returns, property deeds, retirement account statements, and other assets and liabilities documentation. They may also prepare a list of their priorities and preferences for asset division.
2. Fact Finding Session:
Our mediators assist the spouses in disclosing and exchanging financial information and assets identified as community assets. This step ensures transparency and helps in understanding the full extent of the marital estate.
3. Identifying Assets:
Our mediators assist in the identification of all assets and liabilities eligible for division, encompassing real estate, vehicles, bank accounts, investments, retirement accounts, debts, and other pertinent assets. We ensure that the initial agreement between the parties delineates community assets from separate assets.
4. Valuation of Assets:
Our mediators are skilled professionals who will oversee the valuation of assets and debts. Should the parties fail to reach agreement on asset values, we enlist the expertise of third-party appraisers to provide accurate assessments. We prioritize cost-effective methods throughout the valuation process.
5. Negotiations:
With the guidance of the mediator, spouses discuss and negotiate various settlement options. The mediator facilitates communication, encourages constructive dialogue, and helps manage emotions. The mediator assists in brainstorming creative solutions to address the interests and concerns of both parties. We will suggest different division scenarios to explore potential outcomes.
6. Agreement:
Once the parties reach consensus on asset division, the mediator will draft a comprehensive agreement outlining the terms and conditions. This agreement typically covers the allocation of property, debts, spousal support, and any other relevant issues.
7. Enforcement:
The mediated agreement becomes legally binding upon court approval. If either party violates the terms of the agreement, the other party may seek enforcement through legal remedies.
Overall, mediation offers divorcing spouses a collaborative and cost-effective alternative to traditional litigation for resolving asset division disputes. It encourages cooperation, flexibility, and personalized solutions tailored to the unique circumstances of the parties involved.
Mediation Process for Child Custody and Visitation
When engaging in private mediation concerning child custody and visitation, the paramount consideration remains the best interests of the children. Private mediation offers parents a confidential and facilitated forum to collaboratively develop custody and visitation arrangements that prioritize the well-being and welfare of their children. Key factors to address in private mediation, while ensuring the children’s best interests include:
1. Continuity and Stability:
Promoting stability and consistency in the children's lives by maintaining routines, relationships, and environments that contribute to their emotional security and overall development.
2. Parenting Time and Responsibilities:
Determining an equitable and practical schedule for parenting time that allows both parents to maintain meaningful and regular contact with the children, while also considering factors such as work schedules, school commitments, and extracurricular activities.
3. Communication and Co-Parenting:
Establishing effective communication channels and strategies to facilitate cooperative and respectful co-parenting, with a focus on making joint decisions in the children's best interests and resolving conflicts amicably.
4. Child's Developmental Needs:
Tailoring custody and visitation arrangements to accommodate the children's developmental stages, individual needs, and preferences, with a particular emphasis on fostering their emotional and social well-being.
5. Parental Capacity and Involvement:
Recognizing and valuing each parent's role in the children's lives, while also assessing their respective abilities to provide care, guidance, and support consistent with the children's best interests.
6. Continuity and Stability:
Implementing mechanisms for addressing and resolving disagreements or disputes that may arise regarding custody, visitation, or other parenting-related matters, with a goal of minimizing disruption and maintaining a positive co-parenting dynamic.
7. Resolving Conflict and Disputes:
Implementing mechanisms for addressing and resolving disagreements or disputes that may arise regarding custody, visitation, or other parenting-related matters, with a goal of minimizing disruption and maintaining a positive co-parenting dynamic.
8. Flexibility and Adjustment:
Building flexibility into the custody and visitation plan to accommodate changes in circumstances or the evolving needs of the children and parents over time, with provisions for periodic review and modification as necessary.
Private mediation offers parents the opportunity to craft personalized and durable custody and visitation agreements that reflect their unique family dynamics and priorities, while also promoting the children’s well-being and stability. Parents can frequently come to mutually satisfactory resolutions that are in their children’s best interests by engaging in open and constructive dialogue with a neutral mediator.
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Common Divorce Issues Our Paralegal Team Services
Divorce With Children
Divorce Without Children
You are the Petitioner without Children if you are beginning the divorce process before your spouse and you do not have minor children living at home.
Divorce Response
Respond to divorce or separation papers by completing a Response form, outlining your preferences for child custody, property, and support matters for the court.
Divorce Amendment
In California, the family court may permit amending pleadings to correct errors. To do this, file a Request for Order (Motion) for a second-amended pleading.
Child Custody
Legal custody grants the authority for major child decisions. Sole physical custody means the child resides in one place, while joint physical custody implies shared living arrangements.
Child Support
Child support, an ongoing payment by a parent for the child’s benefit post-marriage termination, can be direct or indirect, from obligor to obligee, even in non-existent relationships.
