Understanding the Do’s and Don’ts of Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County Divorce mediators; California divorce mediatorsHave you been fighting or arguing with your partner a lot lately? If your marriage is headed towards a divorce, you need to adopt an amicable way to handle this issue. Going through a divorce is not a pleasant experience for either party, as many issues hidden underneath the pain come up.

Both parties fight for property, custody of children (if they have any), and other issues conflicting their marriage. Although the two parties may be at odds with each other, a level of decorum still needs to be maintained. In order to go forward with the divorce as mature adults, people should seek the assistance of a divorce mediator to establish a settlement agreement. Prior to seeking a California divorce mediation firm, they need to understand the dos and don’ts of divorce mediation.

The Do’s of Seeking Divorce Mediation

1.     Understand the Process

The California divorce mediators will explain you the mediation process in detail. During your visit, the mediator will tell you about the process for filing divorce papers and inform you the length of the process.

2.     Comprehend the Role a Mediator Plays in the Divorce

Although the mediator may be a lawyer, their principal role is to help the parties negotiate with disagreements and interjecting options when asked based on what the law might be on a particular issue.  Their job is to come up with a settlement agreement that both parties can agree on.

3.     Differentiate between the Role of an Attorney and Mediator

The mediator’s role is not to determine what each party should keep in the divorce.  Therefore, both of you can seek the assistance of an attorney after the settlement agreement has been signed, as it is your legal right to do so. Before putting your “John Hancock” on it and making it permanent, you have the option to get it reviewed by an attorney just as a precaution.

The Don’ts of Seeking Divorce Mediation

1.     Refrain from Making Derogatory Remarks

Partners should avoid throwing nasty remarks at each other. You both will need to compromise on some issues while letting some issues go and coming to an understanding with each other.

2.     Avoid Bringing up Past Issues

During the mediation process, old wounds may open up again such as the partner’s past cheating habits. Throughout the process, you may have a multitude of emotions running through you, which you need to keep bottled up or a compromise won’t be reached. If you are not able to refrain from lashing out at your partner, it is better to end the session and start another day with a cool head.

3.     Avoid Being Difficult

In order to end the process successfully, you need to oblige to the requests of your partner and mediator. This means that you need to disclose all the assets. If you hide something and the partner finds out later, there are legal ramifications and penalties under the law that may come into play.  It is better to be transparent in the divorce mediation, which will ensure honesty and trust and help foster fruitful settlement discussions.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable California divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

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

Why Older Couples Above The Age of 50 Should Choose Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Divorce Mediators Orange County; California Divorce MediatorsWhat happens when couples at a later stage in their life decide to part ways? In most cases, they don’t have young children, but they do have assets they need to divide. Also, their children will still be left shocked knowing that their parents are planning to separate after spending a lifetime together. In short, getting divorced after 50 will not be any easier than getting divorced at a younger age. Therefore, couples over the age of 50 should choose a divorce mediator to guide them through this tough time.

A Divorce Mediator Will Make Things Easier

It is safe to assume that couples over the age of 50 have had several years to work on their marriage (apart from a few exceptions). If a couple, where both partners are over the age of 50, is getting divorced, there can be a number of reasons behind it. Maybe after years of trying to work on their marriage, they finally decided to throw in the towel. Maybe one party retired and stared spending more time at home, resulting in more conflict and more arguments than usual. No matter what the reason, the divorce has to be handled in a responsible way.

Although couples over the age of 50 may not have to worry about child support, they will have to be concerned about paying long-term spousal support, division of retirement funds, and property distribution. Such matters can turn ugly if they are not dealt with in a calm and professional way, and that is why involving a professional divorce mediator is a good idea.  Why spend the money that has been saved for a lifetime on court litigation when that money will be needed soon enough with the retirement years coming up in only a few years?

A Divorce Mediator Will Take Care of All the Legal Hassles

When people over the age of 50 file for divorce, the divorce mediator has to sort out through issues such as estate planning, taxes, health insurance, spousal support, division of liabilities and assets, and retirement benefits. If both or one of the partners is retired, the California divorce mediators have to deal with situations like deciding on who gives money to whom and how the assets will be divided amongst each other. Assuming that the couple has accumulated many assets over the years, dividing them can be complicated and difficult, and you need a divorce mediator to handle all the legal matters.

A Divorce Mediator Will Help You Reach a Peaceful Resolution

Whether you are in your 20s, 50s, or anywhere in between, no one wants to go through a messy divorce. Still, a lot of people are not able to handle their divorce in a mature way, mostly because they are dealing with strong emotions such as anger, depression, and heartbreak. Hiring the services of a California divorce mediation firm means that they are opting for a more peaceful dissolution of their marriage. The mediator creates a safe environment where they can communicate with each other and find out what each party wants.

Elder couples going through a divorce should seek the assistance of a California divorce mediation firm to help them reach an agreement that will not emotionally deprive them or their children. Divorce at any age is stressful and unpleasant, but going to a divorce mediator to sort out the financials can lessen the pain between two parties.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

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

5 Tips on Choosing a California Divorce Mediator

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsGoing through a divorce is a tough time for everyone involved, and things tend to get ugly between the spouses more often than not. In order to avoid letting things get out of hand, couples going through a divorce should consider divorce mediation to make the divorce proceedings go smoothly. If you are going down this road, you need to choose the right divorce mediator that you both like, respect, and trust to negotiate the equitable settlement fairly without picking sides. Consider these factors when looking for divorce mediators in Orange County or anywhere else in California:

1. Make Sure the Mediator is Neutral

The divorce mediator should keep the interest of both parties involved in mind before drafting up a marital settlement agreement. The agreement is a legal document binding the two parties to the contract, which they would need to abide by. Furthermore, a good California divorce mediator will encourage you to take the agreement to a private divorce attorney for evaluation.

2. Ask them about the Cost of their Services

Filing for divorce means that it could cost you a lot of money. People choose a divorce mediator over a divorce attorney because it is a cost effective solution. A divorce mediator that charges you a flat fee for all the services the California divorce mediation firm provides is a good option, because it lets you and your soon-to-be-ex partner know in advance about the money it will cost both parties. The other option is that the divorce mediator will charge by the hour.

3. Ask them about their Previous Experiences

Financial concerns are the biggest hurdle in divorce proceedings. A good divorce mediator should be able to provide divorcing couples with good advice on issues such as property, children, and money. They need to have extensive experience in dealing with sensitive issues such as this.

The divorce mediator should be able to analyze everything from household budget to identifying tax issues that may arise during divorce. In regards to parenting, you may need to employ a parenting mediator who has dealt with child custody battles in the past and has been able to resolve them.

4. Meet them and make sure they are Compassionate

The divorce mediator should exhibit genuine concern in solving the couple’s financial woes and making sure the couple divorces on amicable terms. They should be concerned about the well-being of your family and the emotional toll it will take on the children (if you have any). You will need to meet and talk to the divorce mediator in person or over the phone to judge if they have this quality.

5. Ask them for Initial Advice About Mediation Options in the First Meeting

The whole point of hiring a divorce mediator is for the divorcing parties to remain on good terms with each other. Therefore, the divorce mediator should ask the couple if this is what they want and if they are sure that they want to take this course of action to end their marriage. If the couple hesitates to give an answer, the divorce mediator may direct them to seek marriage-counseling, couple’s therapy, or a divorce coach. If the divorce mediator looks more interested in expediting the process even though there might be a chance for reconciliation, you should keep looking.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

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