Is There Such A Thing As A “Friendly” Divorce?

By Gerald A. Maggio, Esq.

Divorce mediation attorney Orange County; California Divorce MediatorsThe emotions usually associated with divorce are hurt, hatred, and bitterness. This is primarily because the most common display of divorce is in family law courts where each of the spouses is ready to fight the other spouse for all possessions. The picture of spouses fighting in courts on everything from asset distribution to child custody etc. means that the general perception of divorce is one of torment, torture, and unforgiving trials.

Divorce not Litigation

Orange County divorce in reality is simply the name given to the legal separation of two spouses from a relationship that they were unable to continue. Divorce does not have to mean hate or torment. There are a large number of ways that divorce can happen, the fact that litigation and court proceedings are common ways doesn’t make them divorce themselves. In reality, there are other methods such as Orange County divorce mediation that are on the rise.

Divorce Mediation – Friendly Divorce

Orange County divorce mediation is increasing day by day in its importance as a means of ending a ,marital relationship. Couples are turning to mediation for divorce because they are looking for a divorce that is able to legally end their relations without invading their privacy after a set limit. Mediation is also a more amicable and cordial way of dealing with the issues that arise out of divorce.

Issues such as child custody, visitation, and spousal support and alimony payments tend to be fiercely fought out in court but can be solved over table talk in mediation. Orange County divorce mediation can be considered the embodiment of the concept of a friendly divorce. A friendly divorce aims to make the process of legal separation between the two spouses more amicable.

In mediation, the Orange County divorce mediator sits alongside the two spouses to make sure that they are able to discuss and dissect hard hitting issues of divorce. While sparks can sometimes fly even in mediation proceedings, it is the role of the mediator to make sure that the discussion doesn’t detract and that a comfortable atmosphere prevails throughout the proceedings.

Traditional vs Friendly

Traditional divorce i.e. litigation is completely different to Orange County divorce mediation. In traditional mediation, the lawyers are representing the two spouses, and their job is not to create a win-win situation, but to make sure their client “wins.”  In comparison, mediation involves only the mediator and the spouses. The mediator will take a lump sum fees at the start of the procedure, has no stake in stretching the duration of the mediation, and tries to create a situation where both parties walk away feeling satisfied over the distribution of assets.

Setting an Example

Often divorces have children involved. When children are involved in a divorce, a friendly divorce becomes much more important since the conduct of their parents will set an example for the child to follow. It is best that whenever you choose to divorce, you choose mediation since it allows you the chance of an amicable, friendly divorce.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”