The divorce process is not only an emotionally turbulent time personally for most couples but it also often becomes a lengthy, complex legal process. While some couples decide to separate amicably and in rare cases may remain on friendly terms throughout the negotiation process, the majority of divorcing couples find it difficult to communicate reasonably and without rancor during one of the worst times of their mutual lives.
In some cases, fair, frank, and open negotiation becomes impossible, especially in cases of intimidation or abuse, resulting in the necessity to go to court. Still, nearly 95% of divorce settlements happen without a couple stepping foot in a courtroom, saving time, money, and stress.
In most cases, a divorcing couple can come to a workable agreement for the separation of assets and debts as well as the shared custody of children with child support and sometimes spousal maintenance. However, agreeing to a settlement out of court can be harmful to your financial and emotional future without a skilled family law attorney at your side advocating on your behalf.
Why You Need an Experienced, Diligent Attorney to Help You Settle a Divorce Out of Court
The California Family Law system is incredibly complex. While dealing with the intense emotional impacts of separating a marriage union and perhaps a family, it is nearly impossible to successfully navigate the arduous process of separating community assets and debts and determining the best possible solutions to child custody and support. Because of the long-term impacts, it’s essential to have a clear-headed, objective divorce attorney whose sole goal is to secure the best possible outcome for you financially and to pave the way for a successful transition for your children going into the realities of shared custody.
An attorney can help with the following points of negotiation necessary for a successful settlement out of court:
- Contested or uncontested divorce
- Division of assets, including property
- Division of marital debts
- Custody agreements and schedules
- Child support
- Spousal maintenance (alimony)
- Retention of the family home
A contested divorce with extensive litigation over property and custody matters is time-consuming and becomes very expensive, very quickly. By settling out of court with an experienced lawyer at your side, you’ll save money, time, and a great deal of stress. It also helps to minimize trauma to the children during the divorce process.
Remember, litigating in court means the future of your family lies in impartial hands. It’s for the benefit of all if a divorcing couple who knows what’s best for themselves and their children can come to agreeable terms outside of a courtroom.
Understanding Mediation in California
A good attorney in California can help you schedule mediation proceedings to settle your divorce out of court. A professional mediator has years of experience in resolving disputes over property, debts, and custody and often offers workable solutions you might never have thought of on your own. While California courts don’t require individuals to bring an attorney to mediation, they highly recommend it. Not only does a lawyer represent your interests at all times, but having attorneys present helps a divorcing couple with high emotions to remain reasonable and civil.
Professional mediation with an attorney at your side is the best way to agree to an out-of-court settlement in a divorce.