A divorce, like your marriage and life, has certain do’s and do not’s. An divorce lawyer would tell you to follow these guidelines. They can save you time and money and avoid a lot of stress: [Read more…]
But even those cases, no matter how righteous the cause or how important the need for the Family Court’s involvement, have collateral consequences or damage…and many times, that damage is done to the children. That is why litigation should always be a last resort, not the first call to action.
At Farzad Family Law, we are aggressive and skilled litigators but we recognize that that middle class spouses with middle class incomes and straightforward divorce issues should almost never end up in Court and instead should dedicate their time to mediating their divorce case. Why? Because perhaps the greatest benefit they receive is not just the time, money and stress they save but the positive impact divorce mediation will have on their children. [Read more…]
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. [Read more…]
Some spouses going through a divorce will agree on everything. Some spouses will not agree to anything. But what about those who agree on some issues in mediation related to their divorce case but not others? Are they doomed to litigate their entire case? Throw the baby out with the bathwater, as the cliche goes? Not with Farzad Family Law’s experienced Orange County divorce mediators.
Our mediation service puts spouses in a position to resolve their cases by ensuring each of them understands the law, learn how family law applies to their particular set of facts and the discretion the Family Court Judge has when he or she rules on the issues.
That is the “preview” each one of our divorce clients receive before they decide how to best resolve their case, with our help. When this process results in a settlement of some of the issues but not all of them, the issues that were resolved are memorialized in writing and signed by both spouses. Our mediators will then evaluate whether the issues the spouses disagree on are something that will require more work to bring the two of them closer to a settlement or if the spouses’ disagreement is a reasonable one and the Court would have to rule to bring closure. [Read more…]