San Jose Divorce Mediation Lawyer

Seabrook Law Offices uses non-adversarial negotiation and mediation strategies to help people avoid divorce litigation.

Divorce Mediation in San Jose

While divorce is stressful for a myriad of reasons, two stand out: finances and the impact on your family. You want to limit the emotional and financial impact as much as possible, so mediation might be the right choice. Instead of battling inside of a courtroom, you can iron out the agreement behind closed doors with a mediator. This is much less contentious and normally faster than litigation. Also, it allows you to keep the details of your divorce private, which is beneficial to your family.

Our San Jose divorce mediation lawyer takes a child-centered approach to these cases. If children are involved, our attorney will strive to create a solution that is in his or her interests. Additionally, our firm works toward creating agreements that are fair to both parties, minimizing the impact of the proceedings. Contact us today to discuss mediation when ending your marriage.

Benefits of Divorce Mediation

Mediation provides numerous benefits, including:

  • Preserving relationships between all parties
  • Saving time and money
  • Avoiding future conflicts
  • Laying the groundwork for future communications
  • Personalizing the settlement
  • Maintaining privacy

How Does Divorce Mediation Work?

Our San Jose divorce mediation attorney can act as a neutral third party during the proceedings. Both sides also have the option to hire divorce attorneys to represent their interests. However, that’s a matter of preference. You can also begin by only using a third-party mediator and then choose to hire an attorney if you need additional support.

Both parties will meet with the neutral mediator to go over the case. The mediator will ask for background information and discuss the issues you must decide during mediation. Then, you can set expectations for the proceedings.

After gathering all relevant information, the mediator will outline the interests of both parties regarding all the issues, including child custody and property division. Then, the mediator can open negotiations for both sides. Using non-adversarial strategies, the mediator will help both parties reach an agreement that’s mutually beneficial. Next, the mediator will draft the settlement and have both parties sign it before submitting it to a judge for review.

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Why Choose Seabrook Law Offices?

Practice Areas - Family Law Firm, San Jose - Seabrook Law Offices
Practice Areas - Family Law Firm, San Jose - Seabrook Law Offices

Obtaining A Divorce Through Mediation

The judge will review your agreement to make sure it’s fair and complies with all the laws. Additionally, if children are involved, the judge will make sure that it is in their interests to grant the divorce under the terms presented in the agreement.

If the judge agrees, he or she will dissolve the marriage. Then, the agreement will be legally binding, meaning both parties must follow it. However, if the judge does not grant the agreement, you can go back to mediation or litigate the case.

What If You Can’t Agree On All The Issues?

You don’t have to agree to everything in mediation for the process to be useful. While many couples do agree on all factors of the divorce, some are only able to agree on a few of the issues. Even so, the process can still save time and money while helping you avoid the emotional turmoil of a lengthy court battle. For instance, you might agree on child support and custody but not property. Then, you can have the court decide just on property issues. The legal proceedings will be less time-consuming, less expensive, and less stressful.

How Long Does Divorce Mediation Take?

After hiring a San Jose divorce mediation lawyer, you’ll likely meet for two hours several times a month to work out an agreement. Generally, mediation takes around two to four months to complete. However, if you have a lot of property or complicated issues, it could take up to six months or possibly longer. You’ll have a much better idea of how long the process will take once you begin. Remember that even if you start mediation far apart on most issues, you can come together quickly with help from a mediator.

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