SANTA ROSA FAMILY LAWYER BLOG

Articles Posted in Alternative Dispute Resolution

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Going through a divorce and settling all related issues can be trying. Most people want to put the marriage and legal issues behind them once the divorce is finalized. Unfortunately, this is often not the case. Frequently, a former spouse will return to court in the years following a divorce in order to revisit legal matters or raise new complaints. Each time you return to court can be costly, and acrimonious tendencies may arise again. It is always important to have an experienced family law attorney on your side, one who can help you get the outcome you deserve and make the process of returning to court easier amark sanfordnd less costly.

The Ongoing Case of U.S. Representative Mark Sanford

Mark Sanford is a member of the United States House of Representatives and a former governor of South Carolina. In 2009, Sanford disappeared unannounced for several days; his assistant claimed Sanford was hiking the Appalachian Trail. When he returned, Sanford admitted to having an affair with a woman in Argentina. Sanford’s wife, Jenny, subsequently filed for divorce. The divorce was granted and finalized in 2010.

The Sanford’s legal battle did not end upon the dissolution of the marriage. In 2013, Jenny Sanford filed a claim alleging Rep. Sanford violated their divorce agreement by trespassing on her property. Rep. Sanford stated he was in the home watching the Superbowl with his son; Jenny later dropped the claim. In July 2014, a legal dispute arose regarding trust fund contributions for two of their four sons. A family judge ordered them to participate in mediation to resolve the issue.

The San Francisco Chronicle reports that Jenny Sanford recently filed a complaint making several requests of the court. She stated the requests were based on a “substantial change of circumstances,” but declined to provide more information until the record was sealed. Her demands included the following:

  • That Rep. Sanford attend anger management and parenting classes, and undergo a psychiatric evaluation;
  • That the court appoint a guardian ad litem to represent the children;
  • That visitation between Rep. Sanford and the couple’s youngest son be limited;
  • That neither parent speak disparagingly of the other in the presence of their son;
  • That neither parent become intoxicated by prescription drugs or alcohol in the presence of their son;
  • That neither parent expose their son to a member of the opposite sex who seems like a “paramour” for an overnight visit.

In response to the complaint, Rep. Sanford stated that any accusations of alcohol abuse or psychiatric issues are “preposterous, crazy and wrong.” Some speculate that Jenny Sanford is still bitter that Rep. Sanford remained with his Argentinian girlfriend. No matter who is telling the truth, it appears the Sanfords are ready for another court battle.

Contact an Experienced Santa Rosa Family Law Attorney for Assistance

If your divorce was finalized but believe new issues may arise, contact an experienced divorce and custody lawyer at Beck Law, P.C. in the Santa Rosa area. We can help you with your divorce or custody case, and provide the tools for a out-of-court settlement to save you time and money.

Photo Credit: TheDigitel Beaufort via Wikimedia

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courthouse.jpgIn California, divorce actions can either be resolved through judgment and settlement reached after court proceedings, or through a mutual agreement established in mediation. In some cases the latter method of mediation is the most efficient in terms of cost and time. As our experienced Santa Rosa divorce attorneys know, resolving a divorce proceeding through mediation can be less stressful on all parties involved, including the children. However, mediation may not be for everyone. As with all family law matters, it is crucial to get advice from a family law professional to learn what options are best in your specific situation.

Mediation
Mediation usually involves a few sessions where the spouses meet with a mediator. The sessions are held within a set period of time, often a month. During these sessions, the mediator attempts to help the spouses resolve any issues that either party may have regarding their separation. Essentially, the mediator’s objective is to uncover any underlying interests and/or concerns that each spouse may have but are not able to resolve on their own.

Through open dialogue, the mediator helps the spouses establish agreements that address the discussed issues and concerns–from property division to support issues. These agreements are tentative and can be changed by the parties. The ultimate goal, of course, is for the spouses to reach a final agreement on all issues, allowing the creation of the Marital Settlement Agreement to be signed by both spouses. The Marital Settlement Agreement is drafted pursuant to the rules of contract law, thereby making the agreement an enforceable contract.

Mediation in California Divorce
Recognizing the complexities and stress involved with resolving a divorce in the courtroom, the California system makes a strong effort to offer several opportunities for the spouses to avoid the court system and reach an agreement before going to trial.

As discussed in a previous post, many people are overwhelmed with the divorce process and the paperwork. California law appreciates this and therefore requires that spouses and their respective lawyers meet before trial, allowing the parties a chance to establish a Settlement Agreement without being forced to face the complicated court system. During this required session, an unbiased attorney acts as a mediator and attempts to get the parties to reach agreement on some or all of the issues. The issues that cannot be resolved during the session will go to trial.

Getting Legal Help in Northern California
There are various advantages to resolve a divorce through mediation. This is particularly true if a couple has only a few disagreements or property division issues. However, more contentious cases, or those with complex property division issues, often must be resolved in the traditional sense–with each party having an advocate on their side arguing in court for their interests.

Regardless of which method an individual chooses, each Northern California family law attorney at our firm can help protect the individual’s legal rights in a divorce proceeding.

See Related Blog Posts:

Where do I File for a Divorce in California?

5 California Divorce Myths

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In 2011 there were more than 450,000 total California family law court filings. These situations included divorce, child custody, spousal support, child support, and similar issues. These cases involve the familiar process that most envision in legal disputes: standing in a courtroom, attorneys making arguments, and an ultimate decision handed down by a judge. As Santa Rosa family law attorneys working on high-conflict matters, we help those in our area with contentious issues settle in the courtroom in just this way.

However, we are also aware that some community members may be interested in ways that disputes are being settled which do not follow the traditional courtroom model. Most of these different options are categorized under the term: alternative dispute resolution (ADR). Our California family law attorneys understand that on occasion there may be strategic reasons to explore options outside the traditional court system. However, one should only pursue them after being made fully aware of the implications by a legal professional. meeting.jpg

In the family law context, the three most common forms of alternative dispute resolution are mediation, arbitration, and collaborative family law. Mediation is likely the most well-known form of ADR. It involves a third-party who helps clients reach a settlement voluntarily. This process can be stopped at any time by the parties and, even if an agreement is reached, it is only binding when the parties have officially concluded a settlement agreement. At times mediation is used to start the process to determine if a voluntary settlement can be reached. If not, then the traditional litigation approach is pursued.

Similar to mediation, arbitration is led by a neutral third-party. However, unlike mediation, arbitration is generally designed to be binding. In that way it is similar to the process conducted in the regulation litigation system, because parties are forced to abide by the decision handed down by the arbiter. For this reason, some refer to arbitration as a “private court.”

Collaborative Family Law is a somewhat new area of ADR. It is an attempt at a less adversarial process where the parties, their attorneys, and others (therapists, child psychologists) agree to resolve the issues while staying out of the courtroom. This is still a somewhat novel approach to resolving these situations, and there are different agreements that are made regarding what happens if no agreement can be reached.

In many cases, one former partner in a relationship will suggest that their divorce, support, or custody dispute be settled out of court using one of these ADR methods while the other party remains unsure if the alternative is appropriate. It is important not to begin an ADR process without being fully aware of the ramifications. That is why it is vital that you never try to go it alone. Be sure to contact an experienced family law attorney to learn whether any of these options would be appropriate in your situation.

Our attorneys realize that the stress of the legal process makes it tempting to jump into these alternatives to settle family law affairs. While ADR may be worthwhile in some situations, it can also lead to one-sided results when entered into lightly. Depending on the specific situation, it may be clear from the outset that you have less to gain by using ADR. For example, an attorney may be able to explain how you are more likely to reach an agreement in your favor by being heard by a regular judge instead of a particular arbiter. In any event, mediation, arbitration, and collaborative family law still require that you have a strong advocate on your side ensuring that your interests and wishes are respected every step of the way.

See Our Related Blog Posts:

Where do I File for a Divorce in California?

What Does Joint Custody of Your Child Involve?

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