Mediation General Information

Pierre Domercq Mediation

Although it takes two parties to say “I do”; it only takes one party to say” I don’t” which then leads the parties towards a divorce. When irreconcilable differences arise leading to a total and irremediable break down of the marriage then the husband and wife should get ready to proceed to obtain a dissolution of the marriage, i.e. a divorce. In California there is a required six-month waiting period before the marital status can be terminated. Yet, the parties can come to an agreement resolving any or all of the issues without having to wait the full six months. If the parties come to an agreement then a judgment may be entered as to those issues and then, if the paperwork is drafted properly, automatically at the expiration of six months the parties are restored to status as single persons.
The most efficient method of resolving a dissolution of marriage case is to proceed to mediation. Yet, it is dangerous to do so unless you are fully informed as to the nature, value and extent of the community estate, all of the income of both parties and in general the amount of income from each source [employment. Investments, gifts, family, business interests, etc.] as well as the liabilities and expenses associated with the parties and their assets. Too often parties are afraid to incur the attorneys fees and cost associated with discovering the full extent of the community estate and/or the true income from the various sources that the parties have relied upon throughout the course the marriage.
It may be helpful, beneficial and ultimately economical to have an attorney at your side going through the mediation process. Although this is not required it does help equalize the bargaining strengths of each side and will frequently eliminate the ability of one party to take advantage of the lesser educated, lesser informed and/or lesser sophisticated spouse. Of course, you want to have an attorney that you trust and who is experienced, well-educated and trained to deal with the specific issues of the dissolution of marriage. Unless your legal advisor knows what will likely occur if the matter is not otherwise resolve it is not a great advantage having to pay for someone who cannot fully assist you.
In the context of the mediation the parties come to their own agreement which sometimes mirrors the result which the parties would obtained court. If your agreement does not approximate what would otherwise happen in the court you should know to what extent it does not conform to the law and you should know why you have deviated from that result. Until and unless you know what you are otherwise entitled to and/or obligated to, it is difficult to come to a free, voluntary and intelligent decision to take an alternative route.
If you have any questions regarding terminating your marriage and how it to handle the estate, support, custody, or visitation contact one of the experienced attorneys at Burke & Domercq, LLP in Carlsbad California. Family matters. Serving the San Diego north county community since 1977.