OC Dispute Resolution Services, LLC

Focusing on Divorce & Business Mediation

We are committed to providing mediation and dispute resolution services designed to accomplish one thing - - RESOLUTION!  Our mediator's are experienced, tenacious, compassionate and skilled at resolving cases just like yours.  Whether it takes two hours or sixteen hours, we are there for you.

Contact us to see how we can help you settle your dispute!

Filtering by Tag: divorce mediation

How Do I Prepare for Mediation?

1.  Review your documents and evidence

Gather all the relevant evidence and organize it. Review it all carefully. Understand the other side's position and review their evidence.

2.  Bring key documents and evidence to refer to & support your arguments

Preparation is key. Having everything there to assist you can only help.

3.  Work with your attorney to determine your "bottom line"

Spend some time preparing with your attorney in advance (not the morning of).

4.  Understand the other side's claims (your weaknesses) and prepare to address them head on

So that you can make informed decisions, you should be aware of your case strengths and weaknesses.

5.  Consider many different settlement options (payments over time, restructuring, etc.)

Think out of the box. Money isn't always the only way to resolve a matter in Mediation.

6.  Don't draw a line in the sand early in the Mediation

You want to remain open minded and keep the process going as long as progress is being made.

Mediation and California "No Fault" Divorce

What is a "No-Fault Divorce"?

California, like nearly all states, is a "no-fault divorce" state. Put simply, a no-fault divorce occurs where a spouse seeking a divorce does not have to prove any degree of wrongdoing by the other spouse when obtaining the divorce. Bad acts such as infidelity will have no bearing on the ultimate disposition of property.

The primary grounds for divorce in California is irreconcilable differences. While there are other grounds for divorce, such as fraud or incurable insanity, these are uncommon and rarely asserted.

Does spousal misconduct matter at all?

As discussed above, spousal misconduct does not factor into the divorce itself. However, varying degrees of misconduct may affect issues incident to the divorce. Such issues include spousal support, child custody and even distribution of community assets.

For example, when a court is making a custody decision, they must consider evidence of domestic violence when making an order. Domestic violence factors into a determination of spousal support as well. Family Code 4320 specifically provides for documented evidence of any history of domestic violence to be a factor used by the courts in making a spousal support order.

Also, California law holds the spousal "fiduciary duty" in high regard. Spouses have a duty of full disclosure to the other spouse of all material facts regarding community assets. Any spouse that hides or transfers assets during a divorce breaches their spousal fiduciary duty. This can result in stiff penalties, including an award of an entire piece of property.

Conclusion

Though fault is not a factor when seeking a divorce, spousal misconduct will often affect vital issues involved with the divorce.

When it comes to mediating a divorce, fault is not an area of focus.  Rather, determining a mutually beneficial result is of paramount importance.  Mediating your divorce is an effective and cost savings method of moving on with your life.  It can be accomplished, in most cases, in one mediation session!  Contact OC Dispute Resolution Services to schedule your mediation today!  

 

 

We want to handle your next mediation or arbitration!