Certainties Versus Uncertainties: The Divorce Dilemma
Most of us, like certainty in our lives. We like knowing that we have a roof on our head, money in the bank etc. The reason is quite simple: certainties are consciously or not associate in our minds with some form of stability and peace of mind. But what happens when a life event such as a divorce turn all of your “certainties” to “uncertainties”?
When a couple begins the divorce process there is usually a great deal of uncertainty about the future. Will the family home be sold? Will one party be able to keep the home? Who will the children live with? How much spousal and/or child support will need to be paid? How is this all going to work?
Unfortunately, when a couple decides to end their marriage, too many times, the first impulse is to hire an attorney to fight the other party. Some people are so emotionally upset by the divorce that they instruct their attorney to fight to the death over every issue that can be contested by multiplying the use of subpoenas, interrogatories, requests to produce, and depositions.
It you are considering getting a divorce, below are some key factors you might want to consider before opting for a “scorched earth” approach for the dissolution of your marriage.
1). Average costs of a divorce in California
According to a recent survey by Nolo.com, a leading legal information website, the average cost of a divorce in California is $17,500. Following are some additional information pertaining the above average cost:
Attorney fees make up a large portion of the cost – $13,800;
The total costs can range from $5,500 to $38,000;
The average cost is $17,100 for couples without children;
The average cost is $26,300 for couples with children;
The cost of divorce in California is 37% higher than the national average (due to a higher cost of living).
Also, in California the average hourly fee charged by divorce attorneys is $330 per hour, ranging from $150 to $500+ per hour. If the attorney is required to draft and file additional documents with the Court, conduct depositions, negotiate with the other spouse’s attorney, these costs can increase dramatically. These expenses are generally doubled when each spouse has their own attorney. In the same vein, if one party is unhappy with a judge’s ruling, there is always the possibility of an appeal.
2). The most common issues that come up in a divorce and increase greatly its costs
The children - Normally a parenting agreement will need to be developed which will cover custody and visitation and child support.
The spousal support - This is often called “alimony” and is a monthly amount that one spouse is required to pay the other. This payment is designed to assist the receiving spouse financially during or after the divorce.
The partition of any real estate property - How will the assets acquired during the marriage be divided?
The businesses - If one or both parties own a business, then the business will need to be valued and a decision made about whether the business will be sold, or if one spouse will receive the business and pay the other spouse for their interest.
The taxes - The division of assets may have tax implications that go with the assets. What are those implications and how will they be resolved between the parties is part of the divorce proceedings.
3). The average time to finalize a divorce in California
In addition to the expense of a divorce, there is the time it takes. Normally in California it takes 8 to 20 months for a divorce to be finalized. This time estimate can be expanded if there are numerous issues that need to be resolved by the Court. Currently due to the COVID-19 pandemic and court shut downs, the time to reaching a full resolution of a divorce proceeding has been taking much longer than normal.
During this time period many people going through a divorce feel overwhelmed. This usually translates into nervousness, sadness, irritability, difficulty to concentrate, and sometimes depression.
When this happens, it might impact an individual's interactions with others both in the private and the professional spheres such as but not limited to: more than usual disputes with friends, relatives, coworkers, loss of efficiency at work etc.
Is there any way to reduce the cost of a divorce, reach a resolution in a timely manner, and bring certainty sooner than later in a divorce? Yes: divorce mediation.
4). Your alternative to a non “scorched earth” divorce approach: divorce mediation
When you choose the path of a conflictual divorce proceeding it is stating the obvious that it will cost you lots of money and that until the parties involved reach an agreement or the Court enters its order, you will be required to live in uncertainty for a long period of time.
Mediation is a voluntary process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement (Evidence Code §1115).
We at Mediation Path Silicon Valley, believe that a court of law is not always suited to solve some family issues such as a divorce. In court the judge makes the decision for you. On the contrary, mediation is voluntary and gives you the unique opportunity to speak and decide for yourself. There is no winner or loser in a mediation. At Mediation Path Silicon Valley, we work relentlessly to make sure that during our mediation the parties are in position to design their own resolution to their dispute(s) resulting in a solution that can benefit everyone. Also, even if your case is already in Court we can still work with you and your lawyers to help resolve specific issues.
Contact Mediation Path Silicon Valley, LLC for a free consultation to find out if mediation could be your way out to reduce the costs and length of your divorce and the uncertainties that go with it.