California Divorce Attorney Giving You the Representation You Need for Mediation in Amicable Divorces

Not every divorce is messy. Many couples realize they just aren’t meant to be together and part ways amicably. They don’t want to hurt the other partner, aren’t greedy, and just want to move on to a new stage of life. This can make the divorce process relatively easy.

While other divorces require going to court and having a judge make rulings about money and property, an amicable divorce can be handled outside the courtroom. However, a divorce is still a legal agreement. Most people are not well versed in the law. This could make dividing assets difficult from a practical standpoint. Despite their best wishes for one another, it could also be difficult for former couples to make decisions about certain sentimental objects. This is why a divorce mediator can be invaluable.

What is an Amicable Divorce in California?

There are two broad types of divorce in California:

• Acrimonious Divorce
• Amicable Divorce

Acrimonious divorces are the type of divorce with which most people are common. This is a divorce in which one or both parties hold the other at fault for the end of the relationship. This may be due to a variety of factors including:

• Verbal/Emotional Abuse
• Physical Abuse
• Infidelity
• Financial Misconduct
• Abandonment

In an acrimonious divorce, both parties will usually attempt to get as much material gain for themselves as they can. This involves going to court. California is a community property state. This means anything earned, acquired, or purchased during the marriage legally becomes the property of both spouses. This is regardless of which spouse obtained the money or property in question.

In an acrimonious divorce, the judge will determine how much each spouse is owed and divide the assets themselves. An acrimonious divorce can take a long time. This is because spouses can argue over when certain assets were acquired and whether they are community property or not.

An amicable divorce is a divorce in which both parties have agreed they want to end the marriage. It is also called a collaborative divorce. This is because both parties collaborate to end the marriage together. In an amicable divorce, there’s usually no animosity between the parties. While one or both partners may have reasons for wanting to divorce, they don’t hold their former spouse at fault. They simply want to end the marriage and move on to the next phase of their lives.

Because California is a community property state, their assets must still be divided. However, in an amicable divorce, the spouses will decide for themselves how the division will take place. Dividing assets can be a long and complicated process. The spouses may not know the precise value of all their belongings. This can make a fair division difficult. They may split assets unfairly and only realize this later. This can further complicate a fair distribution. Spouses may also not know what property is truly communal and what property actually belongs to them alone. This is why a mediator can be invaluable in an amicable divorce.

What is a Mediator in an Amicable Divorce?

A mediator is an impartial representative who helps a couple decide how to divide assets. Unlike an acrimonious divorce where each spouse has their own attorney, a mediator can represent both parties. This is because a mediator’s job is to help the couple achieve their goals. A mediator does not favor one spouse over the other. In fact, a mediator will usually be paid jointly by both spouses. A mediator will review the divorce case, all of the assets to be divided, and any other concerns the spouses may have. The mediator will then come up with a plan for fairly dividing all of the assets. This can be handled out of court.

Spouses can still hire separate attorneys if a mediator is involved. This can be to ensure they choose a mediator both spouses feel comfortable with. Each spouse can consult with their attorney to make sure they feel the mediator will represent each spouse fairly. Spouses can also consult with their attorneys during the mediation process to make sure they feel the mediator is being equitable in dividing assets.

Mediators’ decisions are not binding. They are suggestions the couple will have to agree upon. Spouses do not sacrifice any legal rights in hiring a mediator. A mediator is simply an experienced individual who can use his or her legal knowledge to help guide the divorce process. It is ultimately up to each spouse if he or she wants to follow the mediator’s advice. If the spouses cannot agree on a mediator’s decisions, the case may still end up going before a judge. A mediator is not a guarantee the case will be completely settled out of court.

What Should I Do if I’m Going Through an Amicable Divorce in California?

Mediators can be a valuable way to avoid having to go before a judge. If you and your spouse are separating amicably, a mediator may be the best way of avoiding a long, drawn-out experience in the courtroom. Because both you and your spouse will have agreed on the mediator, it can also avoid feeling like you’ve ended up with a judge who is partial to one party. This can avoid hurt feelings. It can also help make sure the divorce remains amicable. Especially if children are involved, this can be important in helping maintain a positive relationship between the spouses.

If you and your spouse are amicably divorcing and believe mediation would be right for you, contact The Law Office of Patrick O’Kennedy, located at 500 N State College Blvd Suite #1100, Orange, CA 92868, three miles Southeast of Disneyland and two miles East of Anaheim Convention Center. Patrick O’Kennedy has years of experience in divorce law and has represented a diverse array of couples. He approaches all of his cases impartially. He prides himself on being able to help couples avoid the courtroom and resolve their divorces amicably and peacefully. He’s not satisfied until both spouses feel they have reached a fair settlement. If you or a loved one are contemplating an amicable divorce, call The Law Office of Patrick O’Kennedy at at 714-701-6356 or email him for an in-depth, no obligation consultation. You can end your marriage peacefully and begin your new life today.