The court system of the United States defines a good divorce as one where both spouses agree to every aspect of their marital dissolution, share equal participation in the process, and enjoy an amicable divorce once the final divorce decree has been signed off by the court.
In an ideal divorce situation, especially where minor children are involved, both parties are able to easily come to a mutual agreement regarding all issues. Such issues include child or spousal support payments from one spouse to the other, custody of minor children and a reasonable visitation schedules for each party, and the equal and fair division of the parties’ marital property – the assets and debts acquired during the course of the marriage. Yet, there are those times when a simple divorce agreement between the parties cannot be reached.
If you and your spouse are currently experiencing a similar situation where your California dissolution of marriage no longer qualifies as “uncontested,” do not panic. There are still a few steps you can take to try and help you and your spouse agree about the final outcome of your divorce.
The first step you may take is to contact your county’s Family Law Facilitator, who usually has an office located in the county courthouse. Working for you free of charge, these individuals are standing by ready to answer questions about your divorce and related family laws in your state. Facilitators can also suggest ways to help you and your spouse come to an agreement about your divorce issues.
If you have tried this method but still need assistance, the next step is setting a date for divorce mediation – scheduled by calling a private mediation company and reserving a date; by requesting to use a mediator who has been appointed by the court; or by filing a court document that requests a mediation session between the parties.
A divorce mediator is there to be fair and unbiased to the parties, hear the issues of each side, and then make an attempt to recommend decisions that are fair to each spouse. Though a mediator’s conclusions are not binding and the parties therefore do not have to follow his advice in the end, it is still wise to try and listen since that is why you hired him in the first place.
Once the two above options have been exhausted, where do you go from here? Your next step is to contact a local law firm in your area that specializes in Family law, and retain a lawyer to assist you.