San Jose Family Law Attorneys
Our network of Divorce and Family Law Attorneys in San Jose, CA and the surrounding South Bay Area is here to help you navigate family law issues.
Divorce Matters
Divorce is an important time of separation and division of assets. Done correctly, it an opportunity for two people to separate and for conflicts to heal with distance. Both spouses need to know there is someone in their corner who will ensure they are treated fairly in the divorce agreement and that they will be able to build a life without their ex.
A well-conducted divorce carefully separates a marriage into two healthy lives, including:
- Marital assets and properties
- Personal property
- Child custody
- Financial support
Together, these matters ensure that the divorce leaves both people whole and able to start anew. If there are children between the spouses, the divorce agreement will be built to ensure they are taken care of, get equal parenting time with both parents, and can maintain a lifestyle of support and stability.
Child Custody Mediation
The best way to come up with a fair and functional child custody agreement in San Jose, CA is through mediation. Child custody mediation involves both parents working together, comparing schedules with the help of a mediator to build stability for their children and share equal parenting time.
Children benefit from child custody mediation because there is less strife in their household, and the custody schedule will make sense when it is complete. Your divorce mediator will also help you keep the agreement flexible so that your schedule can adapt as work and school activities may change in time and weekday over the next few years.
Even difficult schedules like long distances and night shifts can be built into a stable schedule with the help of child custody mediation. Co-parenting can be achieved when everyone works together.
Spousal Support Mediation
When one spouse makes significantly more than the other, spousal support may be appropriate. Spousal support is intended to ensure one spouse does not experience a significant drop in quality of life after the divorce. Child support, in a similar context, ensures that children are cared for at a similar quality of life when spending time with either parent.
If spousal support or child support are necessary, your divorce mediator can guide the negotiation and agreement with a practical view. This will help eliminate any feelings of helplessness or hostility so that both spouses are financially comfortable with the final agreement and any children are always taken care of in both households.
Divorce Mediation Services
Divorce mediation is the process of reaching a divorce agreement without conflict, or working through conflict without taking each other to court.
A divorce mediator is a legal expert who is working on behalf of both spouses and, in fact, the entire family. Their goal is to create the most beneficial divorce agreement in which everyone is prepared for life after the marriage, with enough resources and indepdnence to thrive separately.
A divorce mediator can help spouses resolve conflicts regarding:
- How to separate marital property
- The most effective and beneficial child custody schedule
- How much child support or spousal support is appropriate
- How to navigate pre-nuptial or post-nuptial contract terms
The mediator will act as a neutral party, encouraging both spouses to find common ground in order to build a more constructive future through their divorce agreement.
Divorce Mediation vs Trial Divorce
Trial divorces are traditional, but they are also unnecessarily hostile, expensive, and ultimately take the power out of your hands. A trial divorce is when two spouses each have their own lawyer who will fight over every inch of property, and eventually a judge makes a ruling in a courtroom. This eats up legal fee hours and prevents spouses from having the final decision.
In other words, trial divorces are only necessary when separating spouses violently disagree. However, most people who decide to divorce are calm, even if they are upset about certain aspects of the separation. They ultimately want control over their divorce terms and are willing to come to agreements.
If you want to stay in control, divorce mediation puts divorcing spouses in the driver’s seat, able to negotiate without conflict and build a divorce, custody, and support agreement that is mutually beneficial.
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Our network of Divorce and Family Law Attorneys in San Jose, CA and the surrounding South Bay Area is here to help you.
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