Roseville Mediation Lawyer
Guidance for Families in Nevada County, Placer, & Sacramento County
Divorce is difficult, and having to go to court is even more difficult, stressful, and expensive. An option that many people may not know about or have not considered is mediation, which is a method of settling a divorce disagreement outside of the courtroom in a way that will satisfy both parties. Mediation is a process that can be used with any type of disagreement; however, it is especially effective during a divorce because it allows the parties to resolve conflict without going to court. The mediation process allows the parties to reach an agreement by providing them with the power to control the outcome. In mediation, the mediator does not act like a judge or an arbitrator. A mediator does not have the power or authority to impose a solution; rather, the mediator works with both parties to facilitate communication to help the parties discover a deeper understanding of the problems they are facing. Once parties better understand the issues between them, they are able to develop potential solutions together. In a mediation, there are no formal rules of evidence or procedure. The mediator and the parties involved will determine the ground rules for how the mediation will proceed.
There are many approaches to mediation. At The Law Offices of James-Phillip V.M. Anderson, mediation is approached using the Understanding Based Model. The Understanding Based Model gives parties an opportunity to be heard.
The mediator is not going to make decisions for the parties. Rather, they will ask questions that develop a better understanding and give the parties an opportunity to be heard by each other. During the mediation process, the law is not ignored. The mediator will be able to inform the parties about the applicable law and provide their opinion as to how a judge would rule if the case went to litigation. By keeping the parties informed about the law, the parties can decide how to use this information in coming to an agreement. During the mediation process, experts may be used to determine the value of properties or businesses. This information ensures full disclosure of asset values, which allows the parties to make a fully informed agreement.
Mediation is most beneficial to parties who have children because it is so important that parties be able to communicate and co-parent for the best interests of their children after the divorce is final.
By participating in mediation at The Law Offices of James-Phillip V.M. Anderson, you will save money and expedite the process, in most cases. We will guide you through the entire process of filing forms and resolving disputes.
Contact our office today to schedule an appointment to start the mediation process.
Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—there is a lot that is missed out on when a reliable and experienced attorney isn’t present. Important issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
Who gets the house in a divorce?A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between the spouses. Whether the family home ends up with a spouse or being sold will depend on how the settlement is negotiated between the two parties. There is no uniform rule on how any particular piece of marital property should be distributed.
How is child custody decided?A:
Child custody decisions are made exclusively on the basis of what the courts deem is the best interests of the child. This will depend on a range of factors which will be unique to each couple, so there is no one-size-fits-all answer. But as an example, if it’s already been agreed that one spouse will get the family home, a court might deem it in the child’s best interest to live with that parent, simply for the stability of staying in the same house.