California Divorce Information

Each California divorce is unique. The legal issues involved are as varied as the people who file, yet California divorce laws and procedures attempt to establish a single process to accommodate all. Anyone considering a California divorce should, at a minimum, be familiar with the means of resolution.

Courts - All California divorces are initiated in a superior court. The proceeding is a lawsuit that must conform to rules and practices established by the state. Many divorces are uncontested, that is, the end result of dissolution of the marriage is agreed, and through compromise, terms are settled before filing. If parties fail to agree, the time, cost and difficulty of California divorces escalate in lock-step with expectations.

Mediation - The process of mediation is a fundamentally different concept than arbitration. Mediation provides an additional opportunity to resolve disputes before going to trial. Arbitration is a substitute for trial, with arbitrators assuming the role a private judge and jury. In mediations, qualified experts (often retired judges) allow each party to confront their spouse under close supervision. Rules of conduct are enforced. Open discussion is encouraged. Disinterested experts provided predictions and suggestions, for the sole purpose of resolving disputes by agreement. Stated similarly, mediations are a mock trial, supplemented with tips and suggestions superior courts can not offer.

Trials - Jury verdicts are the last resort. Judges and jurors do not ask parties for preferences. They listen, then dictate. Verdicts provide an iron-clad solution to an otherwise hopeless conflict. To avoid this finality, California divorce laws are intentionally designed to provide each spouse with multiple opportunities to revaluate, compromise, and settle before issuing a final mandate.

Settlements - Over 90% of all cases are resolved by settlement. In practice, the two most difficult California divorce issues are property divisions and child support payments. After each spouse overcomes the initial shock of separation, the long term effect of financial decisions may weigh heavily upon the best intentions. Attorneys, personal counselors, friends and family are an invaluable source of guidance. Settlements become more likely once each spouse focuses upon the division of available assets and responsibilities.

California Divorce Information - Support Services

Don't be reluctant to ask for help. Emotional hurt and trauma impact the most reasonable mind. Friends and family may provide experience and calmness. Lawyers offer legal expertise. Support groups provide an understanding ear, and if needed, the right place to shake the rafters when venting anger. There is no reason to be alone. Throughout this legal process, personal foresight, objectivity, and planning create the most satisfying results.

© California Divorce Tips, Inc., 2008