What is Divorce Mediation?
Divorce mediation in California is a non-adversarial process that enables spouses to negotiate the issues of their divorce outside of family law court with the objective of agreeing upon a marital settlement. The process of mediation is voluntary and can take place privately either formally or informally only after both parties agree to participate.
Informal mediation is when spouses make decisions towards a settlement agreement without the guidance of a neutral third party.
Formal mediation is when spouses meet with a trained, neutral professional that will help them to negotiate the issues in their divorce.
What Issues are Discussed in Divorce Mediation?
There are several issues that spouses will discuss during divorce mediation, some general and some specific to a divorcing couple. Some of the issues that may come up are:
- Spousal Support
- Child Support
- Child Custody/Visitation
- Division of Property
- Division of Assets/Debts
- Tax Filings
- Inheritance Rights
- Legal Fees/Costs
What Happens After Issues Are Successfully Negotiated?
Once spouses agree on all the terms of their divorce, they will then need to enter into a written marital settlement agreement. The marital settlement agreement will contain all agreements to the issues for which the parties settled on during mediation.
After the martial agreement is drafted, the parties are encouraged to seek separate attorneys to review the agreement prior signing it. Once reviewed and signed, one of the parties will then need to file the marital settlement agreement along with the required court forms specific to their case as listed in the Judgement Checklist – FL-182.
Need help with divorce mediation?
Call the Law Office of Benjamin Kanani today.