Litigation vs. Mediation in a California Divorce
Spouses approaching divorce in California have many choices to consider. One of the most important decisions is whether to pursue a litigated divorce or a mediated divorce. Consulting our divorce law firm in Cerritos can help you make an informed decision, as your choice could affect many aspects of your divorce, and this is a decision worth careful consideration. Which one should you choose?
What is a Litigated Divorce?
Litigated divorces occur in court. These proceedings are tried by judicial officials, and each spouse can present evidence and testimony. At the end of the proceedings, the judicial officer will make a decision on how to resolve issues related to child custody, child support, property division, and spousal support (alimony).
What is a Mediated Divorce?
In a mediated divorce, spouses attempt to resolve their differences in private with help from a mediator. A mediator is a conflict resolution professional who should approach discussions in an unbiased manner. Mediators attempt to guide spouses toward outcomes that serve the best interests of the entire family, including children.
Not only is mediation private, but it also has the potential to be less time-consuming and stressful. In addition, it is often cheaper (primarily due to its quick resolution). Consulting a Cerritos divorce attorney can help you determine if mediation is the right approach for your situation.
When Should I Choose a Litigated Divorce?
A litigated divorce is often the last resort for spouses who have failed in their mediation efforts. If these private negotiations break down, spouses may have no other option but to go to court.
That being said, some spouses intentionally choose litigation without ever attempting mediation. Some might appreciate the opportunity to publicly accuse their former spouses of wrongdoing in court. Others may be attracted to the formal, rules-based system of litigation. If your spouse seems likely to negotiate in bad faith, mediation could prove to be a waste of time – and money. In such cases, a divorce attorney in Cerritos can provide the necessary legal support to navigate the complexities of a litigated divorce.
When Should I Choose a Mediated Divorce?
Mediation represents the first choice for most spouses in California. Even bitter, resentful spouses understand the cost and time savings associated with mediation. Various parties are also attracted to the private nature of mediated discussions. That being said, this option may make more sense if you can communicate effectively with your spouse. You may also opt for this alternative dispute resolution option if you trust your ex to negotiate in good faith.
Is Mediation Mandatory for a California Divorce?
Mediation is only mandatory for child custody in California. With all other aspects of your divorce, you can choose whether to engage in mediation. Even with child custody, spouses who are not particularly enthusiastic about mediation could go through this mandatory process with no real intention of resolving disputes, – leaving litigation as the only remaining option.
Contact an Experienced Cerritos Divorce Lawyer
The RM Law Group can help you decide between litigated divorce and mediated negotiations. During an initial consultation with experienced divorce lawyers in Cerritos, you can discuss your specific family situation and receive targeted advice. From there, you can choose either litigation or mediation with confidence. Our divorce law firm is conveniently located throughout Southern California – so reach out today by calling us at 866-706-3160 to get started.
Sources
- https://selfhelp.courts.ca.gov/child-custody/what-to-expect-mediation
- https://www.courts.ca.gov/1226.htm?rdeLocaleAttr=en
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.