Do Couples Who Use Divorce Mediators Have to Make Court Appearances?
Disclaimer: This blog does not constitute legal advice. If you have any questions about your individual situation, it is best to seek the advice of an experienced legal professional.
Going to court may be one of the most dreaded aspects of getting a divorce. You might be intimidated by the prospect of standing in front of a judge as you discuss your personal life. You may also dislike the idea of leaving your future in the hands of others. When it comes to getting a divorce, there’s no doubt the preferred way to handle it is out of court. Using a divorce mediator is one way you can avoid having to appear in court, but you do need to understand how to use mediation the right way to help you through the divorce process. The team from Divorce Options San Diego—professionals who provide expert divorce mediation San Diegocouples rely on for customized divorce solutions—explain how mediation can help you avoid having to go to court.
Why California Courts Often Recommend Mediation First
In some cases, you may be referred to mediation before you can set up a court date. This is because research has shown that couples who work out divorce agreements together are more likely to be happy with the final results, which has major benefits for families with children, who rely on their parents for stable environments. The judicial system in California also benefits when agreements can be reached out of court because it makes more room for cases that actually need to go before a judge.
Most, if not all, family courts in California require court mediators as part of the process.There are, however, private mediators who can work at the very beginning of cases. In these instances, there’s no need for required court mediators.
Benefits of Settling Out of Court
You may have your reasons for wanting to avoid a court appearance, and they may include simply keeping things private. Many people prefer not to have their personal lives and finances made public. You also benefit from getting a faster divorce. Once you’ve made it past the six-month waiting period, you can have your divorce agreement finalized, which could potentially save you weeks or months if the court system is currently backed up.
Common Issues to Cover During Mediation
Using a divorce mediator helps you stay out of court. However, you do have to put some work into coming up with an agreement you and your spouse feel comfortable signing. A mediator will ask you to decide things such as how you want to divide your assets and debts and encourage you to make joint decisions about child custody and visitation. In many cases, you can rely on the state’s guidelines for handling certain decisions, which can help you reach an agreement when you hit a standstill.
How Mediation Can Help You Avoid Court
You and your spouse might not be able to reach an agreement on every topic. However, it’s still best to go through mediation to make decisions about what you can agree on to shorten the duration of your case and give you more control over the outcome. Once you’ve worked out your agreement, the mediator will submit it to the court for approval, and you won’t have to make a court appearance.
Various mediators work at different levels of scope. Some facilitate basic agreements.
Some draft court documents, and some draft marital settlement agreements, and both parties always have the legal right for independent legal review at their own cost.
A mediator can help you and your spouse avoid the time and expense of going to court. All the practical, legal, financial, and psychological aspects of fair, respectful divorce agreements can be managed by Divorce Options San Diego’s experienced, trustworthy divorce mediators. San Diego couples can rely on our comprehensive process, which is so thorough there won’t be a need for attorneys. To learn how we can help you with every facet of your divorce, call us today at 858-281-2628.