The divorce rate has slowly been decreasing over the last few years, but the number of divorces that are mediated has been growing. This is likely due to a number of factors, including that it gives people more control over the outcome of their divorce and generally lower costs. When an estranged California couple litigate their divorce, the judge has the final say over issues like asset division or spousal support.
However, with a mediated divorce, people can control how all topics related to ending their marriage are handled so long as they can come to an agreement. While attorneys may be present, they are generally there to guide the process. Another advantage of mediation is that the costs of a divorce are generally stable and predictable, whereas litigated divorces can be incredibly costly.
It is important to note that mediated divorces are not the right choice for every couple. If a couple has deep seated issues that need resolution or they are simply not able to come to an agreement, the mediation process will not be likely to work. Lawyers are able to assist with the process, but they are generally only trained to help get people communicating, not resolve major relationship issues.
Whether people choose to go with mediation or end up in court to determine the outcome of their divorce, it is important that they understand what is involved in the process. When people know their rights and how the legal system determines things like spousal support or child custody, it could help them obtain a fair outcome. A lawyer could explain how the law may affect a client who is going through a divorce and provide representation to the estranged spouse throughout the proceedings.