The Role Of Divorce Mediation Orange County

By Charles Price


Making the decision to end your marital union is something that you probably did not take lightly. You probably weighed all of the pros and cons of the situation and decided you would be better off alone than married. After reaching that decision, you then start the process of taking on all of the legalities involved with formally ending your union. By opting for divorce mediation Orange County petitioners like you can save time and money and get the resolution you want or need.

A mediator is not an attorney but rather a delegate of the court. He or she meets individually with petitioners on a case by case basis and helps both parties reach peaceful solutions to their particular situations. They most often are assigned to cases for which both parties would prefer not to hire expensive lawyers. They work to expedite the case through the court system and help both people reach a viable resolution.

Mediators generally are not available for cases that involve minor children or custodial issues. These types of cases are often more contentious in nature and can take months or even years to settle. The state in which you file most likely will not allow you to use a mediator if you have children under the age of 18 for which you must decide issues like custody and child support.

Further, a mediator often lacks the legal authority to settle issues like who gets custody of the kids and who must pay child support. A family court judge has to decide these matters and issue a formal decree on them. Without the formal decree, any arrangements decided on by you and the other party are not legally binding.

However, some states allow mediators to intervene in cases involving spousal support. They typically are allowed to remain involved in a case where both parties agree that one person is entitled to support for a finite amount of time. If the case becomes hostile, the mediator must then refer it to a judge and family court.

You can typically find a mediator available to you regardless of what level of the court system you file a case. They may have waiting lists, meaning you might have to wait a few weeks to file your own petition. Still, once your name comes up on the list, the process typically goes relatively fast. It may involve one or two meetings with the mediator to discuss the issues at hand and reach a final agreement between both parties.

Of course, you can hire an attorney to represent you during the meeting. Still, many couples who do not have kids or a lot of assets choose not to because of their pricing involved. Lawyers also tend to take more time to work out cases. The only time you might hire an attorney is if the situation becomes hostile or you reach an impasse with the other spouse.

Using mediation can help you get through your divorce case faster and without spending a lot of money. The resolutions reached in the meetings are legally binding. It often works the best for couples who do not have children or a lot of assets to divide up among themselves.




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