The family courts play a role in every California divorce. However, those who file uncontested divorces can usually expect a much faster, less expensive divorce process than those who require judicial intervention to settle with differences.
Those who negotiate a settlement when they decide to file for divorce can enjoy roughly the same process as those with a prenuptial agreement on record. Divorce mediation can be a way for couples to reach mutually agreeable terms for a divorce. Many California couples go through mediation as part of the divorce process for numerous reasons, often including the following.
To talk confidentially about key matters
The behavior of both spouses during the marriage could potentially have a major impact on the terms that they expect to set when they divorce. For the most part, California family law judges give very little weight to allegations of marital misconduct.
Even when the misconduct is significant enough to warrant its inclusion in divorce negotiations, spouses may worry about talking about their conflicts with one another in family court. Details that people share about infidelity, abuse or addiction might become part of the public record. Those details could harm either spouse’s reputation and damage their personal relationships if other people learn about the misconduct.
The confidential nature of mediation might help people feel more comfortable discussing marital misconduct as part of a divorce because they can talk about how it should affect the terms of the divorce without creating a permanent, public record of their complaints.
To maintain control over the outcome
Technically, California family law judges must comply with state law when dividing parental responsibilities or splitting up the marital estate. Despite state statutes and prior court rulings providing clear guidance on such matters, judges have quite a bit of discretion regarding the final terms that they set.
The unpredictable nature of litigated divorce can make many people feel anxious about the process and eager to regain some control over the outcome. Divorce mediation allows those currently embroiled in a dispute with their spouses to set their disagreements aside to pursue a mutually agreeable compromise resolving key terms for the divorce.
Spouses may derive additional benefits from mediation by streamlining the divorce process. They can end a marriage more quickly and possibly reduce how much it costs to divorce by working with one another instead of fighting against each other. For these reasons and more, considering the possibility of divorce mediation may benefit those preparing for divorce and who are anxious about the outcome of the process.