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How property division works in California divorces

Understanding the basics of property division in California can help quell some of the concerns divorcing couples may have related to dividing their assets when they divorce. There are different legal options to help them resolve property division disputes during their divorce, including mediated property division.

California follows community property laws with regard to property division during divorce. Community property laws provide that assets earned during the marriage belong jointly to the couple. According to community property laws, marital property will be divided equally during the divorce process. It is important to note that both property and debts will be divided. Property subject to division can include cash in bank accounts, cars, houses, home furnishings, and other personal property.

The value of collaborative divorce for divorcing couples

Collaborative divorce provides a different option for divorcing couples who are reluctant to fight everything out in court. Collaborative divorce provides a cooperative out-of-court process to help divorcing couples resolve divorce-related concerns outside of the contentious divorce process. Collaborative divorce provides many advantages over a litigated divorce that divorcing couples should be familiar with and understand.

The collaborative divorce process provides a setting that allows the divorcing couple to resolve divorce-related concerns through an agreement between the couple. If the divorcing couple decides to pursue their marriage dissolution through litigation, the representatives that are part of their agreement must then withdraw. It is important that divorcing couples utilizing the collaborative divorce process work together to resolve their divorce-related concerns.

The value of a mediated divorce

Though divorcing couples may have heard of it, they may not be familiar with what divorce mediation will look like for them and what it entails. The divorce mediation process is different than a litigated divorce which is why divorcing couples should be familiar with what it involves and what to expect so they can have as positive a divorce experience as possible.

Divorce mediation provides an alternative to a litigated divorce that helps divorcing couples reach agreements that cost less time, money and acrimony. In addition to helping divorcing couples resolve divorce-related concerns, the divorce mediation process can also provide a framework for divorcing couples to resolve any concerns that may come up down the road as they move on following divorce.

Divorcing couples in California should consider mediation

Divorce mediation is one option for divorcing couples to consider in California. Divorcing couples will undoubtedly know their family and understand their own needs better than the divorce court will which is why mediation is a good option to consider to resolve divorce-related concerns. Divorce-related concerns that may be resolved through mediation include property division, child support, spousal support and child custody.

Divorce mediation involves an impartial person, the mediator, helping the parties resolve their concerns in an agreement they can both live with. A trained mediator can help guide the divorcing couple through the disputes they have to help them reach shared resolutions and better understand how divorce-related concerns such as property division, child support, spousal support and child custody are addressed through the family law process. Mediation can create a smoother and more efficient divorce process.

Collaborative divorce is a good option to consider

Collaborative divorce may be something that divorcing couples have not heard of but they should become familiar with it if they are seeking a lower cost divorce process with less acrimony. Collaborative divorce is a form of alternate dispute resolution that can help divorcing couples resolved divorce-related concerns through negotiation and with fewer disputes.

In addition, collaborative divorce can be more efficient as it can be more cost effective and take less time. Rather than having lengthy, costly and drawn out legal battles that can sometimes occur with a traditionally-litigated divorce, the collaborative divorce process brings the parties together with representatives and an agreement between the parties that is in writing. If the couple later decides to litigate their divorce, the representatives must withdraw and they must seek new representation.

Topics for consideration as you prepare for divorce mediation

If you have never gone through divorce mediation before, but have decided to give it a try, you may be a little nervous in the days leading up to the mediation. In general, it is a good idea to prepare by making sure you understand the rules of the mediation process and setting aside all the documents you may need.

However, during the mediation process, you may be asked difficult questions, and considering some of those questions ahead of time may help you feel more prepared for the mediation process. Mentally preparing for mediation can also help you to remain respectful to different perspectives and open to new solutions, which are both important factors when trying to reach a successful resolution.

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.

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