Divorce Misconceptions: Most Divorce Cases Go To Trial
A common misconception is that when couples get divorced, their case goes to trial and the judge is the one that makes the final decisions, including child custody, child support, division of assets, and whether there will be spousal support.
In fact, in 95 percent of divorce cases, even those who are represented by attorneys, the spouses make their own settlement agreement and simply submit it to the court for approval. Courts encourage couples to settle their issues between them. California mandates that the couples have at least one settlement conference prior to going to trial.
Divorce Mediation is a better way to settle the issues
Mediation is a way for couples to settle their issues without going to trial. They work with a mediator and can also call in the help of experts when needed.
For example, they may need a financial expert to help them with post-divorce budgets so they can determine asset division with the knowledge they understand each other’s budgets and make the best decisions for their future.
Mediation helps divorcing parents form their own parenting plan that works for them, and more importantly, is in the best interest of their children. Working together helps determine whether the kids will be able to continue in the same school, how they will get from one parent’s home to the other’s and sort through important extracurricular activities.
During mediation, if you and your spouse have an impasse and cannot agree on an issue, you can have a hearing that is limited to just that issue and present your evidence to the court for resolution. Using mediation is a logical step to solve issues and, without court intervention, it saves a lot of money.
Mediation is not an adversarial process, and parents working together until their children reach adulthood, can be very beneficial for all involved. Going to court to solve issues only breeds conscientiousness and animosity. Mediation favors a more peaceful divorce process.
Contact Kim Mediation and Law Center for Help
At Kim Mediation and Law Center, we offer a free case evaluation. Call or contact us to schedule your consultation and see how we can help.
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
