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Divorce mediation and property division in California

Dividing up property in divorce is often difficult no matter where the divorce occurs, but here in California, community property laws make the process even more complicated and exasperating. It is common for couples to allow the stress of defining their marital property and dividing it up to create unnecessary conflicts and draw out the divorce, but not all divorces have to turn ugly and combative. However, divorce doesn't have to be combative or spiteful, even for couples with complex assets or child custody and parenting issues to determine.

If you and your spouse face divorce and hope to keep the process fair and civil, it is wise to consider using a professional divorce mediator. Divorce mediation reconfigures the way that spouses negotiate the terms of their divorce, focusing on each party compromising toward an objectively fair outcome, led by a neutral, professionally trained mediator.

Dividing property using mediation

In a traditional divorce, both parties may choose attorneys to represent their interests and spend months or even years arguing over the details of the divorce settlement, all the while draining resources and prolonging an innately difficult and painful process. For some couples, traditional litigation is the only viable option, for any number of reasons.

Mediation seeks to bypass unnecessary disputes that only prolong the process. A trained mediator meets with both parties, who may still choose to have their own legal representatives present in a session to offer guidance. During mediation sessions, the mediator acts as an objective party, helping each side identify their goals and reach truly fair agreements in a neutral venue, outside of court.

Some couples worry that mediation is not sufficient to address the complexities of their assets, and, in some cases, that is a reasonable concern. However, many high-asset divorces are able to use mediation successfully, and even choose to do so to avoid unnecessary court appearances that generate public records the court may or may not agree to seal. Not only does mediation allow spouses to work together to reach fair agreements, it does so in a private setting that does not generate any public records, keeping the couple's personal matters concealed from the public.

Are you ready for a fair divorce?

If you and your spouse hope to achieve a fair, responsible divorce, mediation may offer just the tools you need. An experienced mediator can help you navigate both simple and complex issues while keeping the negotiations civil and balanced and protecting the rights and privileges of both parties.

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