In law, a family lawyer in Quail Valley can deal with many different cases, which fall under it. This field deals with the different issues that are often related to this basic unit of society. The main point of the attorneys that practice family law in Quail Valley is to keep the peace within the unit and help the members be in harmony with each other. There is a variety of cases that get filed which fall under family law. Examples are divorce, separation, annulment, adoption, spousal abuse, child abuse and many others.
Family unions in Quail Valley are among the many cases that a lawyer may encounter in family law. The union and dissolution of people is often dealt with in this field. Prenuptial agreements are usually drafted and made by legal representatives who are very well versed in the laws that govern these unions.
These agreements usually outline the conditions of the marriage and deals with the results or outcome of the union when an end is apparent. The same family law professionals in Quail Valley who can draft and make the prenuptial agreements deal with divorce, legal separation and annulments. The many different aspects of the dissolution of the union are also part of the responsibility of the attorney. These include dependents such as children and pets, properties and assets as well as others. There has to be an agreement between both parties regarding the many different matters that often come up when partners in Quail Valley dissolve their union or partnership.
If there is no agreement, both parties may need to go court and be heard by a judge. The lawyer usually represents his client in the meetings for the amicable dissolution of the union as well as the hearings that will follow if there is no agreement reached. It is important that the client outline his or her preferences to the family attorney in Quail Valley before attending any meetings in which the terms of the dissolution will be discussed. This is so that there is already a clear understanding between the attorney and the client as to what the goals of the meetings are.
Resolving Your Divorce With Divorce Mediation
Today, for significant portion of adult and children marital and family relations are neither straightforward nor stable. In the US, according to the recent researches 13.8 million children, 25% of those under the age of 18, are living with only one parent and another 5 million children in two parents homes live with a biological parent and a step parent. And it is a clear estimation that half of the marriages will end up in divorce.
Now, when the problem of family disruption is a widespread, the question of how to minimize the pain of disruption arises with growing number of professional.
If we are establishing minor dispute mediation centers in the country and developing effective divorce mediation efforts, however not only must we be knowledgeable about the process of mediation but we must also ground the knowledge in substantive understanding of the broad-range impact of the divorce on people's lives.
According to a research, there are at least "six divorces" contained in any marital breakup which count as emotional, legal, economic, co-parent, community, and psychic divorce.
Today, as mediation is very common, some states of the US have quite constant and broad use of divorce mediation e.g. Taxes and Connecticut. On contrary, in many other states the divorce process is made complex and difficult hoping that this will improve the quality of families. In fact this attempt has saved many marriages but, if the marriages cannot be saved what is the next alternative?
Usually divorcing couples lack information about the divorce process and are unnecessarily fearful of what may happen. Many just wanted to know their rights for years; the "knee jerk" reaction was "I'll get an attorney."
This is at the responsibility of the divorcing couples that they should supply themselves with sufficient enough knowledge about divorce so that they have a choice of which divorce process is best for them. In most of the situations at least 95 percent of all divorce cases settle rather than being tried to conclusion.
A divorcing couple must subject themselves by asking how much time and energy do they waste on the way to a hostile or angry settlement? Are there better ways to achieve settlement? The answer is yes! There are better ways to achieve settlement. Divorcing couples should consider their options in a constructive and progressive manner starting with the least hostile approach, divorce mediation.
The term "mediation" got significance in the area of family law for about 25 years now. As the family problems are becoming extensive, likewise divorce has become so very common. And thus every involved one is in search of an effective a way-out. A divorcing couple knows that divorce just doesn't end everything about a marriage, though it ends the legal contract between a husband and a wife but, it shatters the household that was based on that marriage. It also cannot break the relationship that the children of the marriage create merely by existing.
Mediation, also called as "alternative dispute resolution" is a process by which an impartial third person (sometimes more than one person) helps two discordant parties to resolve dispute through a mutual concession and face-face negotiation. A mediator is a trained professional who doesn't force rather assists the parties in their own negotiation without making decisions for the parties. A mediator rather help the parties understand what is happening to them and encourages them to negotiate in good faith that brings fruitful results in future.
Mediators most often are appointed by the court, usually with agreement by the lawyers for both sides. Mediators come in several varieties. Some of them are professional private mediators, many of whom are lawyers. They eliminate the need for a jury trial about 90 percent of the time. Others are volunteer mediators and many of them are retired attorneys or nonlawyers trained by Dispute Resolution Services. Their settlement rate is 65 to 70 percent most of the times.
After a long course of hard work, if divorce mediation doesn't suit, the parties should consider a collaborative law divorce. It is a process in which the parties and their attorneys agree to resolve all issues in an atmosphere of cooperation, honesty and integrity with out being engaged in adversarial tactics in or out of court.
If divorce mediation and collaborative divorce do not work for a given couple, the parties may choose the adversarial approach (keeping its cost in mind).
Mediators often seek to better meet the supposed advantages of the mediation process over litigation. The general benefits and advantages argued to be seen as a result of divorce mediation include:
- Both the parties are free to air their concern.
- A neutral person assists both the parties
- The approach is always nonadversarial
- Both the parties have control over the outcome
- The costs are cut to a great extent
- No one's privacy is hurt
- A settlement agreement according to the family's needs
- Avoidance of litigation
Extensive researches show that mediation is the appropriate way but the argument is the field is still lacking knowledge on the effect of personality styles on mediation outcome. Despite substantial support for divorce mediation disadvantages do exist.
Divorce mediation may not be appropriate for both the spouses undergoing the process. It has several disadvantages as well:
- The other spouse may not cooperate and you can't force him/her.
- The other party may try to show dominance over you and here a court lawyer can only offset the imbalance.
- The other spouse may frighten or threaten you, and once a spouse is afraid of personal safety, the participation interest drastically drops down.
- Others argue that the decrease in the cost of mediation and the higher fee of lawyers is due to their high expertise in the field and only they can better predict the appropriate outcome of the case.
Therefore, every divorcing couple must try to settle down their marital issues within themselves. If they can't go that way at least they must not hide anything from one another and should undergo the mediation process leading to a conclusion. In circumstances, the situation goes out of hand and both the spouses cannot reach to conformity, the traditional adversarial approach could be a final resort (bearing the costs in mind).
Divorce Mediation - The Process and Its Perceived Advantages and Disadvantages
The divorce process varies from state to state. However, what doesn't vary is that divorce can be very, very expensive. There are a number of reasons for this but the primary reason seems to be emotions. Emotions get us to do stupid things like paying $5000 to fight over something worth $500. Its not until the dust settles do we realize how stupid we were. While lawyers are supposed to protect you, it may be in their best interests to fan the flames of the case which will only run up your bill. Luckily, divorce mediation provides an alternative to a traditional divorce and all the headaches it can bring.
Fighting a traditional divorce case will likely require each party to hire a lawyer and pay a retainer which could start at $5000. Going through the divorce case could take years to resolve. As a result, your final bill could be tens of thousands of dollars. However, when it comes to divorce mediation, there is only one person to hire, the divorce mediator. The initial retainer will likely be less than just one attorney, let alone the two that you would have to hire. This is because a typical divorce mediation could be settled in as little as ten hours. Thus, even at $400 an hour (some rates may be much lower), the total cost to the both of you is only $4,000. This equates to a 90% cost savings or more.
If you submit your case to the court either via a motion or trial, it will be the judge who determines the outcome of your case. On the other hand, the mediator does not dictate how your case will settle. Instead, the mediator will help the both of you make all of your own decisions. When deciding if mediation is a good idea, ask yourself this: "do you really want a stranger who knows nothing about you and your family dictating your family's future?". Of course, you can back out of the divorce mediation at any time since it is voluntary. Thus, you shouldn't view it as an either-or approach. Instead, its an alternative you can try and if it doesn't work, you can still fall back on the traditional approach.
Mediation allows you to work out your divorce issues, in a private, confidential and informal atmosphere. No court appearances are required until you settle your case. You can still use a lawyer before, during or after the divorce mediation as well. Before the mediation, a lawyer can help you get some ideas about what positions you should take and how a judge may decide the case. During the mediation, a lawyer can give you some ideas on how to negotiate and what deals are good. After the mediation, a lawyer can review the settlement to make sure that it is fair and equitable.
When you work together to come up with an agreement, you can both maintain a good relationship. Since you did this together and no one forced it upon you, there won't be that bad blood that can last for years after divorce. No one screwed over the other and no one pulled a fast one. You did this together. This is especially important if you have children since no matter what happens, you will be in each other's lives forever. Thus, divorce mediation is an option worth exploring for many reasons.