Fair Oaks Divorce Mediation Attorney

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Your Fair Oaks Divorce Mediation Attorney

Are you about to divorce your partner in Fair Oaks, CA? This may be one of the biggest transitions of your adult life since marriage and you might feel nervous about how to approach the situation and who to work with. It is only natural to feel this way. At McCunn Law, we understand the complexities of divorce and the importance of trying to keep things civil whenever possible.

Our attorney will work with you and your spouse to find an amicable solution whenever one is available. If both parties begin the negotiation process with a willingness to compromise and a strong sense of fairness, then this makes it even easier for things to progress smoothly and quickly, saving you time and money.

A Fair Oaks Divorce Mediation Lawyer You Can Trust Call (916) 827-3427

What Do You Need To Know About Mediation?

A mediated divorce requires hiring a neutral party who acts as the unbiased facilitator of your negotiation process. In contrast, a DIY uncontested divorce involves you and your spouse filing the paperwork on your own. However, our attorney can provide the information and paperwork you need to do so. A collaborative divorce is similar to mediation but requires hiring more professionals, such as a financial advisor and child psychologist. Both parties also tend to retain independent counsel.

Here are some additional things you need to know about divorce mediation in Fair Oaks, CA:

  • You and your spouse have the opportunity to create unique solutions to fit the many complexities of your finances and family situations.
  • The mediator helps you keep your children at the forefront of your negotiation process.
  • Mediation requires full disclosure and the mediator represents the interests of all parties involved, so each party can feel better about the fairness of the final agreement.
  • You do not need to agree on everything or anything before going into mediation if you and your spouse are willing to try to change this with mutual compromises.
  • You and your spouse control how quickly the mediation process goes, which also depends on your willingness to compromise.
  • Mediation is not a substitute for court with a mediator instead of a judge in the middle; rather, it is a cooperative process with no adversarial intentions.

What Are the Pros and Cons of Choosing Mediation?

The benefit most people look forward to when they choose mediation is saving money. There are several very true horror stories circling the news of couples wasting thousands and even millions of dollars of marital property on litigation only to have very little left to share when the divorce is finalized. Mediation is second only to a DIY uncontested divorce in affordability.

Unlike a DIY divorce, however, you don’t need to worry about your partner taking advantage of you or you signing away your rights. This happens often in uncontested divorces because one or both parties might not fully understand their rights and privileges or what counts as marital versus separate property. Mediation, therefore, protects the rights of both parties, and the children.

People can also save time and move on their lives more quickly as there is no appeals process like there is in a contested divorce. Once you put a suitable final agreement together, the court finalizes the agreement and you can begin your new lives apart. The process also preserves a more civil union and separation, which keeps the peace for family relationships as co-parents.

The primary downside to mediation is that this option may not be available to you if your partner remains committed to filing contested. That said, you can always try to change your partner’s mind by talking up the benefits. It just might work. If not, you may find yourself in court and in need of a lawyer to fight for your rights.

What Are the Steps We Follow in the Mediation Process?

Every divorce mediation is different in Fair Oaks, CA. Some people only need assistance with one or two issues, while some couples have to work through every specific detail together. The relationship between the two parties can also make a difference. Finally, exes could decide to hire a mediator at different stages in an ongoing divorce. With these differences in mind, here are the general steps.

1. Introductions

At this stage, your McCunn Law mediation attorney lays the groundwork so you know what to expect. He typically begins by explaining his mediation process and the approach he plans to take based on the specifics of your case. You can also determine what areas you and your spouse agree and disagree on to chart the way forward.

2. Data Collection

Discussions form only one part of mediation. Your lawyer also needs to review personal information to help you with the financial aspects of your divorce, such as financial disclosure, spousal support, child support and property division. Be prepared to present this and any other information you think is instrumental in the decision-making process.

3. Framework

Your mediator can then create a more detailed plan on how to move forward, based on the information presented, your needs and wants, and your points of agreement or disagreement. This ensures that you cover all the bases and don’t get sidetracked by specific issues. The mediator can also provide legal framework for context.

4. Negotiations

The first few steps may take place in the first session alone, sometimes in just a few minutes. The negotiation process takes a much longer time and could span several sessions. Fair Oaks divorcees-to-be who successfully hash out all the important details tend to do so in five to 10 sessions, but it is not uncommon for people to need more time. Don’t worry if you fit into this bracket.

5. Finalization

At this stage, your attorney creates the formal, written agreement to present to the court on your behalf. Not all mediators complete this step, even if you hire an attorney. However, at McCunn Law, our lawyer handles this step for you so you can move forward with your life as quickly as possible.

How Can You Get Started With Divorce Mediation?

The first step is reaching out to our attorney at McCunn Law. Even if you’re not sure if mediation is right for you, we can provide you with advice on how to proceed based on the details of your case. Schedule your consultation today.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.