The Importance of Financial Disclosure in Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation lawyers; California Divorce MediatorsFor most couples that have been part of a divorce, finances and declaration of the financial situation of the spouses is vital to the mediation process. All through this blog, we’ll talk about why financial declaration is vital for couples to carry out.

A divorce mediator should help their clients complete their Preliminary Declarations of Disclosure forms before the mediation process begins, which includes the Schedule of Assets and Income and Expense Declaration forms.   For those of you who are wondering about the importance of these forms and the reasons as to why they are filled, here are a few answers that will help you out:

If you neglect to properly complete your Financial Disclosure, your Agreement can be nullified

California divorce mediators want the couples to have an agreement at the end of the mediation process. This agreement should be fair and equitable to both parties so that it can be adjudged as legal in the Family law courts.  According to the Section 2107(d) of the California Family Code, a judge can set aside any such agreement if there hasn’t been complete financial disclosure. Mediation and sorting your issues out can be a strenuous and tedious task. Nobody wants a simple mistake like non disclosure to destroy their mutually agreed on terms.

It can be a calming influence

Going into divorce is just like going into a dark room. There is a considerable amount of uneasiness and stress underlying in the minds of both the spouses. The most important reason for this is usually the uncertainty over financial security and wellbeing. The best way to avoid such situations and make the divorce easier is by getting the couple to talk about their finances candidly. A good Orange County divorce mediator will make sure financial disclosure is the first thing couples go through  so that calmness and certainty can prevail.

A bed rock for Cooperation

Divorce mediation unlike litigation requires harmony, peace, and collaboration between both the parties in order to be fruitful and beneficial. Transparency and good faith are the roots of an effective California divorce mediation. This transparency and good faith can only be achieved when the couples are open about one of the personal aspects of someone’s life, i.e. their finances. If each spouse is upfront and honest about their finances, there will be a greater cooperation and team work among the divorcing couples.

Makes your decisions better

What is the key to a good decision? Information! The more knowledge you have about something, the higher the chances of you making a better decision. Financial disclosure allows the couples this leverage of information. The more they know about each other’s financial positions, the more equitable an agreement they’ll agree on regarding financial security.

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

Love and Life After Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsThe process of divorce can be bitter more often than not. When the time comes for couples to end a relationship that they had willingly wanted to pursue, emotions can sometimes get the best out of them and lead to a hateful attitude between the spouses. For example, when a couple that has been married for a very long while finally separates, there is likely to be a strong sense of betrayal and disloyalty between them.

It is important for couples who are going through an Orange County divorce, or want to go through with it, to know that divorce isn’t only just between the two spouses. It has a far greater affect on a large number of people from both the families. Your divorce will determine the reactions of your family and friends. A bitter divorce that is full of mudslinging, accusations, and resentment will mean that the separation of the two families will become as bitter as the divorce itself.

There are two ways for a couple to end their marriage and seek divorce. One is through the litigation process in courts and the other through California divorce mediation. In litigation there is always the sense of competitiveness and rivalry which, when coupled with the tensions in the divorce, can become an almost unbearable volcano of emotions. Divorce mediation, on the other hand, is considerably different. Orange County mediation is built on the principle of cooperation and peace among the spouses. California divorce mediators are trained to facilitate and promote harmony among the spouses and encourage them to settle their differences through discussions.

Love is an important part of one’s life. According to most poets and intellectuals, it is an expression of the human side of a person. As such, love is an important component in any couple’s life. Yet classifying love to only exist between the two spouses is unfair. Love is a feeling of admiration which during a marriage is bound to exist between the couple and their families. The sense of togetherness and oneness are all signs of mutual admiration between the couple that shows that love exists.

After divorce though, for most couples their bitter end means that the feeling of mutual admiration and love almost seems to evaporate. How can this fate be avoided? Choosing Orange County divorce mediation will help you facilitate and experience an end to a relation that is amicable and not bitter. If the end of relationship is amicable, the mutual admiration between the spouses will continue.

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

An Introduction To How Divorce Mediation Works (PODCAST)

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce Mediators

Welcome to California Divorce Mediator’s PODCAST offering an introduction of how divorce mediation works.