If both spouses decide on a single divorce mediator, they can share the cost, which may be about $1,000 to $5,000 total. With separate lawyers, each will have to pay a retainer of $1,500 just to start the proceedings. With divorce mediation, it is you, the couple who decides on how quickly or slowly the divorce decisions are made and the terms of the divorce in the Marital Settlement Agreement. Everything here is done through an agreement unlike a divorce where the attorneys set dates and judges, which takes time.

When applying for a divorce, you may face difficulties understanding laws and the paperwork that is involved with it. However with divorce mediation, all the paperwork is done by your mediator. The trauma the children face in a divorce is less with divorce mediation as they know that the parents are working together, and will not involve them.

With a divorce mediation, your marriage ends on a happier tone, where you can face your future with a better attitude. There is no steadfast rule that you have to give up going to the court with divorce mediation. If you are not satisfied with the rulings of the mediator, you can always have an individual attorney and let the judge give the final judgment. Whatever was discussed in mediation will remain a secret, and the divorce proceedings start afresh.

You can avail of sufficient legal information from the divorce mediator on making fair and just decisions. Attorneys are not permitted to advise either party; only their client. However the mediator can discuss how the court may address issues relating to your case. The mediator also encourages you both to approach individual attorneys for legal advice before agreeing to the Marital Settlement Agreement.

With a divorce, there is always the possibility of anger getting out of control in the courtroom. However, with a divorce mediator, you can voice your emotions and with their help, come across a fair decision. There is no chance of your emotions controlling the decision making process. You can be sure that all information exchanged in divorce mediation is and remains confidential. You are both encouraged to see the positive sides in each other to reach an amicable agreement. This helps in retaining goodwill in matters needing future contact between the two like in parenting.

When choosing a divorce mediator, make sure that they are knowledgeable in family law and counseling, child development and meditation process. With a mediator, a team of mental health professionals and attorneys your divorce mediation runs better. Find out their experience as those with an experience of at least ten cases is the better choice. To find out the benefit of divorce mediation, listing out the pros and cons of your divorce proceedings will show you that the divorce mediation is indeed a better choice for you.

In California, there are two components to custody: legal custody and physical custody. Physical custody is the type of custody order that says who is going to have the child and at what time. Most of the time, the courts grant Joint. Physical Custody with primary either to mom or dad. Sometimes, though, sole physical custody will be granted to one party and visitation may or may not be granted to the other. There are many kinds of physical custody arrangements. For instance, in a 50/50 split, each parent may have the children on alternating weekends. An 80/20 split is more common with one parent having primary custody and the other parent seeing the kids one evening a week and having the kids every other weekend.

Legal custody is the ability to make decisions for the child. This includes everything from choosing the school they attend to the authority to cut their hair. Again, in most cases, joint legal custody is granted and both parents have the ability to make decisions. This means that if they disagree on issues like what religion the child will be raised in, they must go to court to settle it. In a limited number of cases, the Judge will decide that one party should have sole legal custody. Usually in these cases, there has been so much disharmony between the parents that it is in the children’s best interest to have just one parent making decisions for the children. In other cases, one parent has made bizarre decisions and the best route is for the other parent to have all the decision making power.

The next type of custody order involves visitation. Unsupervised visitation is the standard route and generally includes overnight visits if appropriate. In the vast majority of cases, unsupervised visitation is ordered. There has to be a specific reason for the courts to order anything other than unsupervised visitation. In cases where there are allegations or proof of abuse (sexual, physical, or emotional), supervised visitation may be ordered. Supervised visitation requires that a monitor be present during the entire visit. Sometimes a relative or friend of the non-custodial parent qualifies as a monitor.

Then there are cases where no visitation is allowed because the court determines that any contact with the party would be harmful to the child. The court assumes that a generous amount of time spent with both parents will minimize the impact of the effects of divorce on children. The various types of deviation from the general assumption allows for custody orders to take into account that this assumption is not always correct. Child custody and visitation decisions are never easy for a Judge to make. But, when a family is being torn apart, the court has to make the decisions it feels are in the best interests of the children.