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Anaheim Family Law Blog

How child custody can be resolved during divorce

Whether child custody agreement is mediated and determined between the parents or the family law court needs to help resolve child custody concerns, all child custody considerations are based on one guiding determination. That guiding determination is what is in the best interests of the child.

The family law process provides different options for divorcing parents to address divorce-related concerns such as child custody. Child custody is likely high on the list of top concerns for divorcing parents who may wonder what their child custody arrangement will look like. Divorcing parents are encouraged to reach a child custody agreement that reflects the best interests of the child.

Understanding property division in California

Divorcing couples in California should understand how property division is handled in California. Property division can be an understandably high priority for divorcing spouses during their divorce. Property in California is divided upon divorce based on community property laws which generally means that property is divided in half upon divorce.

Marital property is property that is considered owned by both spouses. Marital property includes income and property acquired during the marriage. It is the only type of property that is subject to division, as separate property is generally not subject to division. Separate property, which is not subject to the property division process, includes property acquired before the marriage or property acquired as a gift, inheritance or personal injury award.

How mediation can help with child custody concerns

Divorce mediation can help couples resolve a variety of divorce-related issues including property division, spousal support, child support and child custody concerns. Mediation provides a process that serves as an alternative to a litigated divorce and is something divorcing couples should consider.

Mediating a divorce can result in less cost and stress for the divorcing couple. The mediation process provides a framework for divorcing couples to negotiate and resolve their divorce-related concerns to reach a divorce settlement they can both live with. A mediator is a neutral party that can help guide the divorcing couple as they work to resolve their divorce-related issues and concerns.

The benefits of collaborative divorce and how it works

When considering family law resources and options available to help guide divorcing couples through their divorce process, collaborative divorce is one option to consider. Collaborative divorce provides a beneficial alternative to a litigated divorce for divorcing couples.

Collaborative divorce provides an alternative to divorce litigation that encourages the divorcing couple to work together to reach shared agreements concerning divorce-related issues such as property division, spousal support, child support and child custody. In doing so, it also provides a template for the spouses to work out issues that may come up following their divorce that will require a modification down the road.

Self reflection & mutual trust go far in a collaborative divorce

When you and your spouse agree to resolve your divorce through collaborative law, you, your spouse and each of your attorneys sign a binding document agreeing not to go to court. Perhaps when you made that decision, you did not have full information that only came to your attention during the divorce process. When you find yourself in such a situation, what are your options?

What is divorce mediation?

If you are planning to divorce, you may wonder what the divorce process looks like and what your options are for handling your divorce. You may also have questions about those options and it is important to be familiar with all the resources available to determine what the best option for you and your family is.

Divorce mediation is one option that can help avoid divorce litigation during which divorce-related issues are litigated between the couple through the family law court. The mediation process provides an alternative and benefits include utilizing a third-party neutral who can help the divorcing couple effectively negotiate and guide them toward shared agreements concerning the divorce-related issues they need to resolve.

Understanding collaborative divorce basics

There are different options for divorcing couples to consider as alternatives to traditional divorce litigation. These alternative options fall into a category referred to as alternate dispute resolution and include mediation and collaborative divorce. Collaborative divorce requires a commitment from the divorcing couple to the process and can provide many benefits in return.

While this blog recently discussed benefits of mediation, collaborative divorce is another beneficial alternative to consider. Both mediation and collaborative divorce allow divorcing couples to reach settlements concerning their divorce-related concerns rather than to litigate them through the family law court. The family law court is always available to help but litigating divorce-related issues can be costlier and more time-consuming. Divorce-related concerns including property division, child custody, spousal support and child support can all be addressed through the family law process.

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