Common Questions About Divorce

Here are a few of the questions that come up most often when people are their evaluating their options in relation to the divorce process. If you have some questions about your own situation please contact the office anytime.

How can I avoid going to court?
If you use a mediation service the court will be provided with what is known as a stipulated judgment, and you never have to appear before a judge. At Peace Talks we use a service to hand deliver all court paperwork to the court.

Does Divorce Mean We Have to Sell the House(s) or Can We Still Own Property Together?
In mediation the parties are free to decide between themselves how they wish to dispose of marital assets. Parties who were once married can continue to own property together as single people. Just the same way that people who were never married can own property together as “partners”. In mediation we will discuss how to continue to co-own.

How Much Dpousal Support Do I Get?
Spousal support is not based on a formula. Spousal support is the result of the careful weighing of the factors set forth in family code §4320. What happens in mediation is that the parties negotiate together so that in light of the applicable resources, income/expenses and needs, a workable, mutually agreeable, solution is arrived at. At Peace Talks we use divorce financial planning software to help you optimize your financial situation.

Can We Provide for Shared Custody of Our Pets?
Yes, although courts of law are traditionally reluctant to get involved in “custody battles” involving animals, parties in mediation are free to make any agreements they choose and that agreement will become the order of the court.
(Note that CA Gov. Jerry Brown just signed Assembly Bill 2274 that affects this process in the court system.)

 

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