Explore Options For Resolving Your California Divorce
The typical divorce process that you’ve seen in movies or television isn’t the only way to end a marriage. In fact, there are other options you should consider before you decide to move forward.
At the Law Offices of David K. Yamamoto, our experienced Torrance divorce attorney, David K. Yamamoto, can represent you in the alternative divorce methods of mediation and collaborative divorce. These common routes may allow you and your spouse to resolve your divorce issues without the stress of going through court.
Read on to learn more about how these alternative methods work and how we can help.
How Are Mediation And Collaborative Divorce Different?
Mediation is a type of consensual resolution process – an alternative dispute resolution method – that takes people out of traditional litigation to find a way forward. It can be used for any type of legal dispute.
The collaborative divorce process is where all the attorneys sign a contract to cease working on a case in order to reach an amicable resolution. This creates an incentive for all parties to move forward in resolving their case to meet their needs and those of the children.
Clients across California are increasingly using mediation and collaborative divorce methods, and at the Law Offices of David K. Yamamoto, we’re proud to be part of that movement. With over 40 combined years of experience, we are lawyers who have seen how extremely disruptive these matters can be. We use our experience to provide our clients in Torrance and across Los Angeles County with confident, compassionate family law service.
You Do Not Have To Go Into A Courtroom
The collaborative divorce process and mediation are ways of keeping your dispute out of court. Mediation is an out-of-court process whereby the parties choose a neutral third party to assist them in resolving their case. The mediator will guide the parties through the process of reaching a mutually satisfactory agreement. Because the mediator is neutral, they cannot advocate for either party. So, when going through mediation, each party should have their own consulting lawyer to advise them of their legal rights and the consequences of the agreement they are negotiating.
The collaborative divorce process is a method wherein each party has an attorney, and has a collaborative team the attorneys and parties work together to reach a resolution.
Our experienced collaborative divorce attorney, Mr. Yamamoto, can help you focus on reaching an agreement without backing out. He represents clients throughout Torrance and the South Bay communities, including Redondo Beach, Hermosa Beach, Manhattan Beach and El Segundo.
Answering Your Common Mediation And Collaborative Divorce Questions
Divorce is a complex process. It’s only natural to have questions, especially about these different types of methods. We can help answer the most common questions we receive from clients to help you have a better understanding of these processes.
Is mediation or collaboration right for your case?
Mediation and collaboration is an effective way to resolve concerns related to divorce without going to court. However, you should still consult with a family law attorney before making any important decisions regarding mediation. At the Law Offices of David K. Yamamoto, we are mediation attorneys who are trained in the mediation and collaborative process. We can help spouses throughout Manhattan Beach and Redondo Beach reach an agreement without the emotional trauma and financial burden that comes with the traditional court process.
What are the common misconceptions about mediation?
Mediation is a popular form of alternative dispute resolution, but it often comes shrouded in myths. Let us break down a few of the most common ones:
- It’s not legally binding: Divorce mediation is legally binding as you and your ex-spouse will need to sign a contract that ensures you follow the terms that you finalized in the divorce agreement.
- The mediator has control over the outcome: The mediator does not have the final say or control over the mediation process. Instead, they are a neutral party that mediates both sides of the dispute and helps you reach agreeable solutions. Only you and your spouse have control over the outcome of your divorce.
- Mediation works for everyone: While mediation is a good option for resolving disputes, not all couples are able to work with this process. If you or your spouse are unable to cooperate and communicate honestly with each other, you may not be the right candidate for this method.
- Mediation only works if we already agree on everything: Mediation is actually best for couples who have difficulty finding common ground on certain divorce issues. Mediation offers a safe environment where you can work out the details of your divorce agreement with a neutral observer who can keep you on track. Our skilled mediation lawyer knows how to help maintain peace so you can come to a fair resolution yourselves.
- Mediation won’t protect my rights: This isn’t true, either. Our mediation attorney will take the time to educate and inform you about the rules and guidelines for mediation before you begin.
How can you prepare for mediation or collaborative divorce?
Like with any aspect of divorce, it’s crucial to be prepared. If you move forward with mediation or collaborative divorce, here are some items you should have ready:
- A list of all your assets, debts and other marital property
- Your financial statements
- Information about your spouse’s income and assets
- A list of topics you want to discuss, such as child custody, child support or alimony
- Any other crucial documents, such as wills, trusts and prenuptial agreements
You can also prepare by having the right mindset and going into the process positively. Staying calm and controlled can help you achieve the outcome you want.
How does a mediator determine asset distribution/child custody?
A mediator never has the final say in any of the decisions you need to make during this process. Instead, they may provide recommendations that can help resolve your disputes. Our Manhattan Beach mediation lawyer will guide you through the process, answer your questions and encourage a productive conversation regarding your divorce issues. They will consider creative options that you may not have considered when it comes to distributing your assets. They can also help you develop a parenting plan and offer custody options to consider as well.
In the end, the final decisions are up to you.
Does collaborative divorce include working with other professionals?
In many cases, yes, but it’s up to you. You will primarily work with your collaborative divorce attorney, your spouse and their attorney. If you and your spouse have trouble resolving certain issues, you may consult outside professionals, such as financial consultants or family and child specialists.
What if my spouse and I don’t get along?
Mediation and collaborative divorce are divorce methods that require some form of basic respect and cooperation to work successfully. Even if you and your spouse are at odds, if you both commit to the process and communicate honestly with each other, either of these divorce methods may be a good solution. Going to court can often make your relationship and disputes worse, whereas mediation and collaborative divorce are meant to provide a more neutral environment for resolving your issues.
What are some of the most common benefits of these methods?
Both mediation and collaborative divorce offer similar benefits that you can’t get with litigated divorce, including:
- Less expensive
- More control
- More efficient
- Confidential
- Minimizes stress and emotional trauma
Our knowledgeable attorney can help you decide which option is best for your situation.
Why The Law Offices of David K. Yamamoto Is A Smart Choice For An Amicable Outcome
One of our attorneys, David Kunio Yamamoto, is a skilled, experienced litigator with decades of experience and is also certified as a family law specialist. Under his guidance, we understand the risks to you in a highly disruptive dispute. We are here to take these challenges head-on and find working, amicable solutions. Call 310-905-6463 or send an email to get started.
We proudly serve clients throughout Torrance and the South Bay area.