There is a theory that American Courts are built for the rich – that only the wealthy that can afford the most experience and high profile lawyers receive justice. There is some truth to that but Farzad Family Law’s divorce mediation process is the exception.
The American judicial system is complex and can be difficult to navigate.
Orange County courts are no exception.
While our Courts have made attempts to give more access to self represented litigants (called pro per in civil cases and pro se in criminal ones), that access still leaves much left to be desired. The problems stem from the simple fact that our laws are complicated, statutes (or codes) are written by legislatures in sometimes verbose and complex English that even lawyers have to break down to understand and our judges have far too many cases on their docket.
In divorce cases, this presents a very serious problem. How does the Family Court system help middle class income spouses who wish to obtain a divorce, those that don’t have significant assets and who don’t want to spend tens of thousands of dollars on attorneys? There is no easy answer and with the budget cut backs due to the economy, the Family Court’s ability to help self represented spouses is even more limited. Fortunately, there is an alternative for our residents – Divorce mediation.
Divorce mediation allows you to go around the Family Court adversarial system, the complex statutes and case law and break through to a successful result that is fair, reasonable and, just as important, consistent with what the Family Court may have done by the end of your case without the years of litigation and significant lawyer’s fees.
Divorce mediation for spouses who have middle class incomes simply makes too much sense. Every single issue you could possibly argue in divorce court could be discussed and decided by you and your spouse in a mediated divorce. People sometimes make the incorrect assumption that divorce mediation means you have to walk into an office and give up your rights. It’s exactly the opposite.
You walk into a divorce mediator’s office and learn the law, learn what facts and issues in your divorce case are relevant and what the most reasonable potential outcomes may be if you and your spouse can’t come to an agreement.
Here is an illustration of how divorce mediation works for a middle class couple.
Husband and wife both work. They have two children. Together, they make $80,000.00 per year (let’s assume husband makes $50,000.00 and the wife makes $30,000.00). They own a house without much equity, neither one is particularly attached to the house and each has a 401(k) that totals about $50,000.0 and about $8,000.00 total in the bank. They each have a car.
If those spouses hired lawyers to litigate their divorce case, they would spend approximately $15,000.00 to $30,000.00 in lawyer’s fees total. That is $7,500.00 to $15,000.00 each to let the Court figure out how everything should be divided. Does that make any sense for an estate of that size? How would they pay their monthly bills? That couple would go into debt and have a tough time coming out of it.
Take that same scenario and bring in Farzad Family Law’s divorce mediators. How much would the spouses spend on a divorce mediation like this?
If they were cooperative with each other and both wanted a fair result? About $2,500.00 to $3,000.00. Amazed? Don’t be. It’s a fact.
Our divorce mediators would walk both of you through the family law process, tell you what you reasonably could expect to receive in Court on the issues that are straightforward (no crystal ball, just many years of real life experience in Family Court) and prepare all of the paperwork you would need from the beginning of the case to the end. Concerned there might be a disagreement regarding visitation and custody? Farzad Family Law’s experience will tell you the factors the Family Court would look at in deciding custody and help bring you and your spouse to a reasonable resolution that is in the best interests of the children?
What do you do with all of the money you save? We leave that to you.