When it comes to the division of marital property during divorce, some things are easy. He gets the TV, she gets the antique furniture. But deciding who gets to keep the beloved family pets isn't always so simple.
When an individual begins the difficult process of ending his or her marriage, he or she may not know where to begin. Though many individuals throughout San Joaquin County have endured divorce, it can be a loaded topic that not all friends and family members want to openly discuss. What divorcing parties should know from the very beginning of the process is that they have some options as to how the matter will unfold.
When Stockton couples decide to divorce they may experience some unpleasant byproducts of the legal process. First, they can find themselves at the mercy of the courts and struggling to have their divorce legal matters heard in what they feel is a timely fashion. Second, they may feel frustration over the many unknown outcomes over which they have no control due to the courts' power to adjudicate litigated divorces.
Time has the power to heal some problems but, unfortunately, not all life issues can be resolved by waiting them out. When California couples decide to end their marriages, they often want to bring about the ends of their relationships without any extra delay. For those who choose divorce mediation, there can be a desire to try and address every possible divorce issue during a couple's first mediation session.
In a traditional California divorce, the soon-to-be ex-spouses to the dissolving marriage each come to court with their own attorneys. Those parties appear before a family or divorce court judge who hears their sides of the story and decides how best to separate their financial and emotional lives. Those decisions are generally binding on the parties and each spouse must abide by the terms set forth by the court or face possible sanctions.
Many California couples who go through divorce find themselves focused on the tangible and intangible assets they shared with their spouses during the property division phase of their separations. Some forget that in addition to those assets they must also divide their collective liabilities. They may choose to arrange payment of those obligations however they see fit through the division of marital debts portion of their property division agreement.
Mediation as part of the divorce process may be an important option to consider. Mediated divorce settlements can cost half as much and take half as much time. It is important to keep in mind that most divorces end in a settlement anyway. The process of arriving at a mediated settlement often involves more negotiation between the parties than between the lawyers which is more the case in the court setting. A mediator is able to provide the parties with the law on various matters so they can take that into account while negotiating potential disputes. One expert has seen ninety percent of mediations end in a settlement
A divorce attorney might agree that recent changes in technology and divorce law have added complexity to the field of family law. A recent divorce between registered domestic partners provides context.