Family Law Overview
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Carlsbad, CA Divorce Mediation Attorney
If you and your spouse are planning to divorce, the legal process of dissolution is more time-consuming and complex than you might expect. Divorce litigation can take months or even more than a year for a very complicated divorce. It’s essential to know your options for handling this process. An experienced Carlsbad divorce mediation attorney can provide you with a valuable opportunity to take advantage of alternative dispute resolution. Many divorcing couples throughout the US are choosing mediation in lieu of standard litigation, and you should consider the reasons behind this trend.
Attorney Paula D. Kleinman and her team provide legal representation for divorce in Carlsbad, CA. In every case we accept, our goal is to streamline the dissolution process for our client as much as possible. This often includes encouraging them to take advantage of the benefits of alternative dispute resolution.
Why Do I Need a Carlsbad Divorce Mediation Attorney?
Many people believe that divorce mediation is an alternative to a standard divorce. The reality is that it is simply a different way to approach the formal dissolution process. When you litigate your divorce in court, the process plays out similar to most other civil cases. Both spouses and their respective attorneys have the right to call witnesses, offer testimony, and present evidence to the court. This process, however, is very costly to both parties in terms of the time they must spend in court and the amount they each must pay in legal fees.
Your Carlsbad divorce mediation attorney can help you take full advantage of the several benefits divorce mediation offers any divorcing couple. You can save time, money, and stress by exploring alternative dispute resolution. While it is technically possible to handle your divorce mediation process on your own, it isn’t wise. Obtain reliable legal counsel to ensure you have someone looking out for your best interests during each phase of this process.
Representing Divorce Clients in Carlsbad, CA
Attorney Kleinman and her team provide client-focused and responsive divorce mediation representation. We will work closely with you to help you prepare for each mediation session and identify the challenges and opportunities your unique divorce case presents. Attempting to navigate the mediation process alone will likely lead to unfavorable results and increase the chances you will need to revisit your divorce order with further legal action in the future.
What Is the Difference Between a Mediator and a Divorce Lawyer?
It’s a common misconception that you do not need a divorce lawyer when you choose mediation because the mediator can provide you with the legal counsel you need, but this is not true. A mediator is a neutral third party tasked with guiding your negotiations and assisting you and your spouse in drafting your divorce contract. The mediator cannot have any conflicts of interest favoring you or your spouse, and they cannot provide any legal counsel to either of you. They may answer generic questions to clarify legal statutes, but you cannot expect the mediator to look out for your best interests during your mediation sessions.
Your divorce attorney’s job is to help you achieve the most favorable outcome possible in your divorce case. While you can’t expect a divorce mediator to make any recommendations during your mediation sessions, your attorney will guide you through these proceedings and ensure your divorce agreement aligns with state law and your best interests.
What to Know About Divorce Mediation
A mediated divorce contract is a binding agreement that establishes you and your spouse’s respective rights following your divorce. While you cannot make firm decisions about certain aspects of divorce through mediation, the process is much more streamlined than typical divorce litigation. It may only require a few sessions until the divorcing couple has built the framework of their divorce contract. The main benefits of choosing divorce mediation over litigation include:
- Savings. Divorce mediation will take a fraction of the time that divorce litigation typically requires, meaning you can save a tremendous amount of time and money in handling your divorce compared to the cost and time demand of litigation.
- Simplicity. Divorce litigation unfolds in a courtroom, which can easily be a high-stress environment for many people. By comparison, your divorce mediation sessions will likely take place in the mediator’s office, providing you and your spouse with a more relaxed, low-pressure atmosphere in which to negotiate your divorce.
- Privacy. When you litigate your divorce in court, everything said in court becomes public record. If you must discuss sensitive topics during your divorce case, mediation offers you the chance to keep these discussions entirely confidential.
- Control. Litigating your divorce means a judge has the final say in the outcome, regardless of how solid you believe your position to be. Mediation allows you to have much more control over the outcome of your divorce.
Ultimately, the benefits of divorce mediation are undeniable, and virtually any divorcing couple can take advantage of these benefits for a more streamlined and less stressful divorce experience. While you cannot mediate every aspect of a divorce, any divorcing couple can explore mediation to some extent. For example, you cannot reach a firm resolution to child custody or child support in mediation due to the fact that California state law requires a family court judge to review a custody agreement and ensure the best interests of the child the agreement will affect. However, you and your coparent can negotiate a parenting plan for a more personalized and rational custody agreement that you may then submit to a judge for final approval.
Every divorce case is unique, and you and your soon-to-be ex-spouse likely have multiple issues to negotiate as you undergo the divorce mediation process. Whether you are a high net worth individual or control limited assets, have children or are childless, or if your divorce came about due to clear fault or irreconcilable differences, it is vital to acknowledge the value of reliable legal representation from a Carlsbad divorce mediation attorney as you begin the mediation process.
If you are ready to speak with a reliable Carlsbad divorce mediation attorney about your own legal position, contact Paula D. Kleinman today for more information about the legal services our team can offer.