Divorce in California
Divorce law varies state-to-state, and California has the distinction of being one of 9 states that have enacted a Community Property law.
As a divorce lawyer in Los Angeles, this actually simplifies things (at least initially) because California follows the 50/50 rule.
Partners each get 50% of their collective property from the time they tie the knot to the day their separation is official. This includes all property (cars, houses, pets, even debts). Doesn’t matter what it is, if it happens the marriage is added to the Community Property (sometimes called “marital property”) and then split equally upon divorce.
So for that Los Angeles Divorce attorney, now that the percentage has already been decided, all she or he now has to do is to figure out who gets what. But wait–it doesn’t stop there, they still have to sift through the scores of exceptions to this 50/50 rule. Not only that, they have to deal with contentious meetings with their client (let’s face it, nobody who’s getting divorce is having a good day) or spouse’s divorce attorney. So much for being simple. With each spouse hiding behind their attorney it creates unecessary issues. I can’t tell you how many times I’ve had a client say “if only we could just talk things out.”
Here’s how you can, with Family Mediation Services. What is Mediation? Mediation with an attorney-mediator is like “divorce made easy.” The advantage to Mediation is you can talk things through. In a mediation session, we answer all of your questions about the laws applying to your case. We define it from both sides, what each law and exception means to each spouse. Then we talk about the facts that may sway a case one way or the other. All this is very open, with all sides participating in the dialogue. At Peace Talks we make sure nobody is left out of the conversation.
Being an Attorney-Mediator, I am allowed to facilitate the discussion without taking sides or representing just one spouse. I can talk to you about legal information without giving advice. Everyone can be in the same room and hear both sides of the story.
From there we can get to the bottom of what’s fair for both sides. And you, as the participants, decide what “fair” means.
In California and Los Angeles, where these Community Property rules are in effect, divorce mediation is popular because it allows couples to divide their property by talking it out. Not only that, it ensures that each party has the same information and everyone knows the laws that apply.
The most common knock I hear against other mediationfirms is that “so-and-so mediator is being partial to one side” or “x participant didn’t get to talk.” The advantage of mediation is open communication. If someone feels uncomfortable they need to speak up! It’s also part of the mediator’s job to make sure everyone is getting a chance to talk. It’s important to get everything out in the open. The mediator does their best to get everyone involved, but sometimes it can be hard to judge whether one participant is uncomfortable. Most importantly, if you have a question or an issue bring it up in session. These sessions are for you! Plus you’ll make our job a lot easier. We want to help YOU!
Do you live in California or need the help of an experienced divorce mediator? Try Peace Talks, and check out the resources on this site for more information and helpful links.