Frequently Asked Questions About California Family Law
Facing a legal challenge involving your family can be emotionally difficult. However, legal challenges don’t always have to be contentious. An experienced family law attorney can provide guidance that is designed to minimize conflict and help you get through the legal process with less stress.
At her firm in Roseville, attorney Jennifer M. Sullivan, a dedicated family lawyer with over 30 years of experience, helps her California clients with family law challenges like divorce and paternity actions, guiding them through mediation and alternative methods of dispute resolution whenever possible.
Attorney Jennifer Sullivan often encounters similar questions from her clients. Here, she answers some of those frequently asked questions. If you still have questions about your specific situation, she offers an initial consultation appointment.
What is mediation?
Mediation is a process that encourages parties to resolve their issues without going to court. In mediation, a neutral third party helps both parties work together to reach a resolution. Unlike a judge, the mediator does not make decisions for you. Instead, the mediator facilitates communication between the parties (like spouses in a divorce) to help you reach a mutually agreeable settlement.
Divorce mediation can address various topics, including property division, child custody, and parenting time or support arrangements. For example, asset division mediation helps facilitate negotiations so that couples can work together to resolve how their marital assets and wealth will be divided in their divorce.
What are the advantages of mediation?
Mediation offers several advantages compared to traditional litigation. Mediation is especially advantageous for helping divorcing couples in a noncontested divorce. For example:
- Mediation is typically less expensive and more efficient than going to court.
- Mediation fosters a cooperative environment, encouraging both parties to work together to find solutions that suit their family’s unique needs.
- The mediation process can reduce conflict and preserve relationships, which is particularly important if you have children.
- Unlike a divorce proceeding in court, mediation proceedings are confidential, allowing high-profile couples or high net worth divorcing couples to maintain privacy.
- Mediation allows you to maintain control over your family’s future, making decisions together instead of letting a judge decide.
As an experienced family law attorney, Jennifer Sullivan regularly advises clients of the benefits of family law mediation for resolving many different types of family law conflicts.
Can we use mediation even if there is a history of conflict?
Yes, mediation can still be a viable option even if there is a history of conflict between you and your spouse. A skilled mediator is trained to manage tensions and facilitate productive conversations. Mediation provides a structured setting where both parties can express their concerns and work toward resolving them.
However, it may not be suitable in situations involving domestic violence or if one party is unwilling to participate in good faith. Divorce lawyer Jennifer Sullivan also represents clients in court if it becomes necessary. She has the experience to fight for her clients’ best interests in divorce litigation if issues can’t be resolved amicably.
What should you expect in mediation?
During mediation, you can expect a series of sessions where you, your spouse and the mediator discuss the issues at hand. The mediator will guide the conversation to make sure that both parties have the opportunity to speak and be heard. You will work together to explore possible solutions and negotiate terms that are acceptable to both parties.
Sometimes, both parties are represented by their own lawyers who work closely with the mediator to help their clients work through their differences. The goal is to reach a comprehensive agreement that can be formalized into a legal document. Mediation is confidential, which means discussions cannot be used as evidence in court if mediation does not result in an agreement. If a settlement is reached during mediation, it will become binding on the parties once it is filed with the court.
Consult A Roseville Family Lawyer
If you are considering mediation or have questions about family law in California, contact the Law and Mediation Office of Jennifer M. Sullivan. Attorney Jennifer Sullivan offers a confidential initial consultation. To schedule an appointment, you can call 916-724-1722 or send an inquiry through the firm’s website.