Articles Tagged with mediation strategies

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Should I Choose Mediation for My Divorce?

Should I Choose Mediation for My Divorce?Divorce in California can be extremely difficult. Whether the marriage lasted a few months or decades, there are a lot of emotions that can be involved during separation. When it comes to ending a marriage, there are many different options for carrying out the process. While it is common for each side to hire litigation and dispute items in court, mediation is another option that can be more peaceful and leave fewer scars.

Mediation is an opportunity for both of the divorcing parties to talk through their differences together and come to an agreement outside of the courtroom. If you are looking for a quick and easy divorce but still have some disputes about the divorce agreement, then mediation may be an option for you and your ex-spouse.
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Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce

Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce
If you are facing a divorce in California, you are likely primarily concerned about alimony payments, property division, and, if you have children, child support, custody, and visitation. However, there are many additional financial implications that should be considered. For example, there may be unintended consequences or unknown advantages, depending on how you classify the property settlement and spousal support, or alimony.

Therefore, when it comes to divorce, it can be highly advantageous to work with California lawyers who also have an extensive background in accounting. The family lawyers at Andrew J. Botros, APC have an accounting background and can take into account all of your financial details to help you anticipate how to optimize your situation for the future.
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The Most Contentious Issues in a Divorce

The Most Contentious Issues in a Divorce

Divorce is a process that creates upheaval in almost every aspect of a person’s life. So, it should come as no real surprise to us that it can often get contentious. This is especially true when the person on the other side is someone there is some level of tension with already which is leading to the divorce. That said, there can be ways in which the potential conflict of a divorce can be minimized. One of these ways is to be aware ahead of time of the issues that are most likely to turn contentious.

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Why Are Premarital Agreements Important in California?

Why Are Premarital Agreements Important in California?

While they once held a more negative connotation, premarital agreements are becoming increasingly popular across the country. This is due to a combination of high divorce rates and the general need for people to protect their hard-earned property. Prenuptial agreements allow fiancées to detail important information regarding their personal assets, in addition to helping them outline how property should be distributed if a divorce occurs. If you’re about to get married in California, you should strongly consider creating a prenup with your partner.

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Mediation vs. Litigation

Mediation vs. Litigation: Which Is Better for You?

Even under the most ideal circumstances, a divorce can be painful and overwhelming. The former couple is dealing with the emotions of a broken relationship while also navigating the legal system. Assets must be divided as fairly as possible, and all of the necessary paperwork must be kept track of and filed at the correct time.

That process would be overwhelming for nearly anyone but is made much more difficult if there is also conflict between the former spouses. In those situations, there are two routes that can be followed. Couples who cannot agree on a resolution may choose to litigate the divorce and allow the courts to make all the final decisions about the case. Those who are open to negotiation and a fair divorce may choose to mediate. It is essential to choose the path that works best for you.

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Things to Consider Before Filing for Divorce

Things to Consider Before Filing for Divorce

A divorce is a major decision that will change many things about your life. There should be no shame in asking for and filing for a divorce, but it is worthwhile to ensure that a divorce is truly the next step that you want to take. Discussing divorce with your spouse before you are fully convinced it is the right step can cause irreparable harm to your marriage and drive it to divorce regardless. There are many things to consider before bringing up the discussion with your spouse or filing the papers.

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How Will Property Be Divided in a Divorce in California?

How Will Property Be Divided in a Divorce in California?

A divorce is not typically an easy choice to make, especially when the couple has been together for many years and amassed a large amount of property since the beginning of the marriage. One major concern for the two parties getting a divorce is how this property will be divided between them. Divorce is meant to separate the combined lives of two people, but it may not always be simple and clear how that process will work.

How a divorce will proceed and how property will be divided depends on which state the marriage took place in. There are two different types of states: equitable distribution states and community property states.

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Collaborative Divorce Vs. Divorce Mediation in California Family Law

Collaborative Divorce Vs. Divorce Mediation in California Family Law

Ending a marriage can be one of the most challenging experiences of a person’s life, and when many people imagine divorce, they think of emotionally charged courtroom battles, strict and impersonal divorce order terms, and many uncertainties regarding their futures. So, if you have reached the point where you know you need to end your marriage or if your spouse has filed for divorce, it’s natural to have many pressing legal questions.

You do not need to resolve your divorce entirely through litigation, and many divorcing couples opt for alternative dispute resolution to avoid the stress and expense of divorce court. While you cannot resolve every divorce-related issue privately, taking advantage of alternative dispute resolution can be tremendously beneficial to you and your spouse in many ways.

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How to Find the Right Family Law Attorney in California

How to Find the Right Family Law Attorney in California

Family law is a unique branch of civil law pertaining to legal matters among family members. Divorces, adoptions, child custody determinations, and spousal support determinations are just a few cases that would fall within the purview of family law in California. Therefore, if you are bracing for a divorce and need to resolve custody over your child or face any other type of legal issue about family law, it is vital to seek legal counsel from an attorney you can trust.

The right family law attorney can be invaluable, regardless of your case. If you take the time to find an attorney familiar with cases like yours and they have a solid track record of professional success behind their firm, you can significantly improve your chances of securing a favorable outcome for your case. With thousands of attorneys practicing throughout California, it can feel overwhelming to approach the task of retaining the right one for your case. The following are a few essential considerations when looking for legal counsel for any family law matter in California.

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How Is Pet Custody Determined in California Divorces?

How Is Pet Custody Determined in California Divorces?

Pets are an important part of so many people’s lives. It can be hard to fathom that so many states still treat them the same as community property, with no familial rights whatsoever. California took action to stand out in that regard in 2019 by passing AB 2274. This bill allows a party in divorce proceedings to request consideration of a pet animal’s care for awarding of sole or joint ownership.

For this law, care can include the prevention of harm or cruelty, providing food and shelter, or arranging veterinary care. Those tasks are not exclusive to providing care but serve as a broad baseline for the court to consider.

The law also does not specify specific animals that can serve as pets. Any animal that is community property for the couple and has been a pet in the household or a companion animal can be considered subject to this statute.

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