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La Quinta Divorce Mediation

Divorce mediation is very similar to collaborative law, the goal is to keep you out of the court system and works to empower you both to resolve the divorce issues peacefully and amicably to help you move on with your lives. For over 30 years we have been helping couples in La Quinta and throughout Southern California with divorce mediation services. We strive to make the divorce process smooth and with an ending that both parties are in mutual agreement and can allow them to move on with their lives.

We offer a free consultation, just fill out our 'Start Evaluation" form or give us a call!

619-702-9174

Divorce is an ending and a new beginning! Mediation will help you both transition to the next stage of your lives with less conflict and the best possible outcome for everyone involved.

With litigation through a divorce lawyer, each individual is represeted by an attorney who will act as a zealous advocate for his or her own client. This is when things become very adversarial and communication often breaks. When this begins to occur, decision-making begins to fail and a judge will ultimately ending up deciding the final outcome. With mediation, we keep you out of court.

With mediation, the individuals will focus on the most important issues and the options surrounding them. You will both need to find areas of compromise and reach a final decision that will work best for everyone involved. You will be in control of the outcome.

Why Couples Choose Mediation for a Divorce

There are a variety of reasons that couples choose mediation over traditional litigation, including:

Improved Communication

Mediation provides a structured and supportive environment for couples to communicate effectively and work together towards resolving their issues. A trained mediator will act as a neutral 3rd part to facilitate communication and guide discussions towards mutually beneficial solutions. The process creates a better understanding and helps build a foundation for post-divorce communications, which is even more important when children are involved.

Cost Effective

Mediation is a more cost-effective solution than going through a traditional court-based divorce. The cost of a litigated divorce can easily cost $25,000+ (per person) because each of you has to hire your own lawyer. With divorce mediation, the average cost of a mediated divorce ranges between $3500 - $7500 (split between the couple). Since mediation requires less time than a court battle, it can greatly reduce the overall financial burden of a divorce.

Greater Control of the Process

Mediation puts the power back into the couple’s hands, giving them more control over the outcome of their divorce. With litigation the outcome will be decided by a judge, but with mediation, the couple can participate in crafting their own agreements, so your future is not in the hands of the judicial system. Mediation can address a wide range of issues including child custody, spousal support, asset division, even pet mediation that are tailored solutions that will work best for the family.

Reduced Emotional Stress

Divorce can be extremely stressful for couples, and litigation often increases the emotional stress for both parties involved. Mediation focuses on fostering a respectful and comfortable atmosphere which can alleviate stress and promote emotional well-being for each party. By working together to find mutually beneficial resolutions, couples can minimize any hostility which leads to a smooth transition into the post-divorce phase of their lives.

Divorce Issues We Can Help With

With over 3 decades in divorce mediation services, we've helped 100s of couples to finalize their divorce and move on with their lives. This has given us extensive experience in a variety of issues that can come with a divorce including:

Child Support
Property Division
Retirement Distribution
Spousal Support
And even Pet Mediation!

Experienced Divorce Mediator Services

When you decide to go the mediation route, this does not mean you lose your right to go to court should that be in need. At its very minimum, divorce mediation will help you both identify areas of agreement and limit the issues that need to be litigated due to the inability to come to an agreement. This will also save you plenty of time and money!

When it comes to "time", mediation takes much less time than using a divorce lawyer and going through the courts. Waiting for your first time in front of the judge can take months and even after the initial hearing, can take another 6-8 months to be seen again! This can be VERY frustrating for you both. Mediation works to make the process go as quickly as possible, as long as communication doesn't break down between you both, it can be finished in a matter of weeks.

It is almost always less expensive than litigation. A contested divorce usually costs around $25,000 and up for each individual that you both will pay in lawyer hourly fees. With mediation the total cost for both comes in on average between $3,000 - $7,000, depending on how complex your divore may be.

When it comes to divore, it can be easy for individuals to become fixated on "winning". Even if seen in front of a judge, it is rare that the judge's decision will award a "win" to one individual and not represent the wishes of one specific party. With mediation, if you can control the outcome and the areas you can be flexible, you will both realize how stress free the overall process can be.

Divorce Mediation Articles

ARBITRATION VS MEDIATION PROS AND CONS

Excerpt: In both arbitration and mediation, a neutral third party is used with the goal to negotiate a settlement without a lengthy court proceeding. Simply put, in arbitration the arbitrator (or arbitrators) hears your evidence and makes a decision for you. In mediation, the parties in the divorce first meet together informally with a mediator to share their reasons for divorce. The mediator does not make a decision for you, but helps to facilitate a peaceful and fair discussion to lead to a resolution acceptable to both parties.

SOCIAL MEDIA’S IMPACT ON DIVORCE

Excerpt: If you think your spouse might be spending too much time on social media for whatever reason and you’d like to have some help sorting things out, or feel you are ready to divorce, our expert mediators at A Fair Way Mediation can help. We have experience in this area. Our mediator will lead you carefully through the issues surrounding your decision to divorce, help you focus on the future and what is best for the family, and help you move forward to divorce or not

HOW TO DIVIDE UP ASSETS IN A DIVORCE

Excerpt: Spouses have to complete an income and expense form, where they will list all sources of income, including bonuses, overtime, and benefits, as well as list all possessions and debts and categorize them either as separate or community property. Most items have a measurable value and should be factored into a spousal support negotiation and calculation. Inheritances or gifts received by a spouse during the divorce is usually not included in community property, unless the inheritance was used to acquire community property assets.

Divorce Mediation Questions

How Much is Divorce Mediation Compared to Divorce Lawyers?

Many couples turn to divorce mediation as opposed to litigation because of costs. Generally, the average cost of a mediated divorce is $3500 - $7000 (depending on the complexity of the case). With lawyers, the costs can easily exceed $25,000+ (per person).

How Long After Mediation is Divorce Final in California?

On average, the divorce is finalized within a few months with the courts. The timeline is based on a variety of factors including the complexity of the issues involved in the divorce, the court’s caseload, and whether it’s contested or uncontested. Once the agreement has been reached, the divorce mediator will prepare the final paperwork to be filed with the court.

Do I Have to Go to Court?

No. This is another primary reason couples choose mediation over litigation. All discussions will be settled out of court, once the agreement has been made you will simply submit the final paperwork to the courts which your divorce mediator will prepare. Discussions in mediation are kept private, when the case ends up in court it becomes a public record.

In a California Divorce, What Issues Can Divorce Mediation Cover?

An experienced divorce mediation firm can cover a wide range of issues related to a divorce including: Division of Property: mediation helps couples divide their marital property, including debts and assets that have been acquired during the marriage. Child Support: through discussions, mediation can assist in determining the amount of spousal support to be paid to one spouse or the other. Spousal Support: can help determine the amount and duration of spousal support payments (if any). Retirement Accounts: mediation also helps couples divide their retirement accounts and pensions. Debt: divorce mediation can assist couples in resolving issues related to marital debt (credit cards, loans, mortgages). Business Partnerships: mediation can also help divide any business interests that have been acquired during the marriage. Pet Mediation: while not as known, mediation can also help with pet custody and support during the divorce process.

What is the Difference Between Collaborative Divorce and Mediation?

Collaborate divorce and mediation are both methods that can be used in place of a traditional litigated divorce. Each methods helps couples come to a mutual agreement and avoid court. There are a few key differences between the 2 alternatives. Collaborative Divorce: Is a process where each spouse hires their own “collaboratively” trained attorney to work with them and a team of professionals, attorneys and therapists, for example. Mediation: this is the process where a neutral 3rd party (the mediator), works with both spouses to facilitate discussions and ultimately reach a final agreement. Mediators do not represent either party, they help couples identify the issues and generate options for a peaceful resolution. Key Difference: In a collaborative divorce, both parties may have their own team of professionals who work with them to find resolutions. Whereas, a trained mediator doesn’t have a team of professionals and can handle all of the aspects of the divorce.

How is Child Support Determined in a Divorce Case?

Within the State of California, child support is based on a statewide guideline formulate that takes in a few different factors. Each Spouses Income: the formulate considers each parent’s income from all sources, including salary, wages, bonuses, commissions, and investments. Custody Agreement: this is the amount of time that the child or children spends with each parent (timeshare). In general, the more a parent spends with the child or children the less support they are required to pay. Childcare Expenses: if either parent pays for childcare expenses, such as daycare, those expenses are factored in to the child support calculations. Health Insurance: if 1 parent provides health insurance coverage for the child, the cost of that is factored in to the support calculation. Miscellaneous Expenses: other expenses that may be considered in the calculation include educational needs or special needs, transportation costs, or any other expenses.

What Are the Benefits of California Divorce Mediation?

There are a variety of benefits to divorce mediation as opposed to litigation, here are just a few. Overall Costs: in comparison to litigation, mediation is much less expensive. The average cost of a mediated divorce is around $3500 - $7,000, the cost of a litigated divorce can easily exceed $25,000+ with lawyer fees and court costs. Less Stress: divorce mediation is designed to provide a peaceful environment to work out the issues, minimizing the level of conflict between the parties. More Control: with divorce mediation couples have control over the outcome of the divorce. They work together to come to an agreeable settlement that meets the unique needs and circumstances of their situation as opposed to a judge making the final decision. Quicker Process: the average time for divorce mediation from start to finish is around 3-8 weeks depending on the complexity of the case and the couples ability to communication.

Do We Have to Meet in Person or Can We Mediate Online or Phone?

No. You do not have to meet in person. Discussions can be done over the phone or via online video chats such as Zoom or Skype.

How Do I Start the Divorce Process?

With divorce mediation, since mediators act as a neutral 3rd party and does not represent either spouse, it’s recommended to discuss with your spouse before exploring options. We offer a free 30 minute consultation to answer any questions you may have while also gathering information as to how we can help!

What is Pet Mediation and How Does this Work in a Divorce?

While it may seem odd to many, pets are members of the family, and just like any other issues that need to be discussed, pet mediation in a divorce discusses custody and visitation of the pets. Learn More About Pet Mediation

For a free consultation, please fill out our "Start Evaluation" form or give us a call today!

619-702-9174

About A Fair Way Mediation

A Fair Way Mediation has helped couples to mediate a successful and positive divorce for over 30 years. Our experience includes success with domestic partnerships, traditional, military, same sex, and alternative relationships. Our mediators are skilled in all the technologies of virtual mediation and will guide you through the process. Mediation also works non-criminal disputes such as landlord tenant, family, and HOA issues. We mediate issues throughout Palm Springs, Riverside County and San Diego.