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Family Law Blog

Can Contentious Couples Be Successful in a Mediation Setting?

Monday, July 06, 2020

Did you know that mediation is possible in divorce to keep even the most contentious couples out of the courtroom for the duration of their legal separation?

Correct mediation procedures allow for practical and flexible resolutions to problems. Otherwise, they are finalized in a courtroom at a higher cost by a judge who doesn't know or understand you and the dynamics of your family.

What Does Mediation Involve?

Mediation is an Alternative Dispute Resolution for divorcing couples who truly want what is best for their children and their futures. We back you up during your meetings with a neutral third-person, or mediator, and your former partner to come up with unique and personal compromises that both you and your former partner can agree on. 

Mediation can cover all aspects of divorce, including:

  • Child custody and visitation
  • Child and spousal support
  • Property and asset division
  • Business evaluation

According to Rule 5.210 in the California Rules of Court 2020, every mediator in California must legally be impartial towards each party and competent of all laws and regulations concerning the divorce process. We will be right there with you to ensure that the process is legal and that you are protected from giving more than you are able. 

Contentious Arguments

When you and your former partner argue, or disagree, about a situation, then the mediator will call for a break to cool down and discuss further options with your lawyers. The discussion can continue after a reevaluation of the situation from both sides or we can make another appointment and come back after a time of contemplation and consideration.

Mediation has worked well with many contentious couples. The process works around your schedule, not ours, and so decisions are not made hastily or out of exasperation. Arguments and even bickering are halted immediately and, with much contemplation, attacked creatively from a different angle. We want the process to be a smooth as possible and we are here to help you do that. 

Contentious couples can be very successful in mediation and sometimes the process can change your relationship with your former spouse into a more positive one, one that supports a positive co-parenting experience for everyone involved. 

What Can Jamra & Jamra Do for You?

Our legal mediation support is crucial and renders court appearances unnecessary. We can work together to create a binding contractual agreement that accomplishes everything a traditional divorce does in a quicker, more personal, and much more private way. 

California Super Lawyers at Jamra & Jamra L.L.P. Family Law Attorneys in Beverly Hills use creative and personalized strategies that focus solely on you and your protection during divorce proceedings, no matter what direction you decide to take. Family law can go one of two ways. We're prepared for both. 

Contact us for a free consultation and brainstorming session to discuss what could be our cost-effective and diligent plan of defense. We understand your needs and are prepared to stand by your side.

How a Parent's Home Could Impact Child Custody

Wednesday, April 22, 2020

Judges may take each parent's home and overall living conditions into account when determining custody in California. Although considerations can vary from court to court, a judge may consider the total number of children, their ages, and their genders when evaluating the parents' homes.

The Total Number of Children Involved

Judges will decide whether or not the number of children may impact their living conditions. If multiple children are involved, parents may need to make sure they have sufficient space to accommodate them.

For example, a parent with four children will need to ensure that the home has enough bedroom space for each child to spend the night comfortably, or else the judge may rule unfavorably.

The judge will also consider whether the children are from multiple relationships and the primary parent with whom they live.

Ages and Genders

Generally, older children will need more space than younger children. Thus, courts could consider this whether the older child shares a bedroom with a younger sibling when determining custody.

Regarding gender, the court may require parents to maintain children's privacy if the children are of the opposite sex. This could include providing each child with his or her own bathroom or bedroom.

The Children's Safety

The overall safety of the children is also a huge consideration, including the safety of both the parent's home and the surrounding area. If the judge perceives any risk of injury at home or in the neighborhood, this could result in certain visitation restrictions. Parents should gain a good understanding of their neighborhoods, including the specific kinds of crimes that take place, the presence of sex offenders in the area, and the frequency of crimes.

Ability to Adjust 

Another factor that could impact visitation and custody could include the child's ability to adjust psychologically to a new living environment. For instance, a child may find it difficult to adjust to smaller accommodations when used to living in a more spacious home.

Conclusion

Contact us today to learn more about child custody and visitation and find out how the attorneys at Jamra & Jamra can help you.

Does Your Spouse Have to Pay for Your Divorce Lawyer?

Sunday, February 09, 2020

Typically when a divorce starts, your uncoupling starts formally. You need to start being financially independent and paying for your own expenses as an individual. However, after divorce, this can take awhile for some. This is particularly true if you have been out of the workforce or underemployed for awhile to take care of the family.

Finances

As there is the potential for a huge financial disparity between couples, it is possible to have one spouse responsible for paying legal fees on both sides to ease the strain.

If it can be proven that the legal fees for a lawyer will create an undue burden on one spouse, the courts may decide that the other party has to pay, at least in some part, the fees for both lawyers. When examining this, the courts will decide based on several factors, including:

  • The financial disparity between the parties
  • Assets of each spouse
  • Financial responsibilities of each spouse
  • An effort to find work

This means that if a CEO and a fast-food worker are splitting up, it would be easy for the courts, due to the huge income disparity between them, to tell the CEO that they need to cover both legal fees for the divorce.

Conclusion

It is also worth noting that the judge can also force payment of legal fees in bad conduct. This means if your spouse was beating you or has been trying to draw out the divorce to rack up high bills, the judge can decide to force you to pay the legal fees as a punitive measure.

Are you getting a divorce and need help navigating the complex area of divorce court or even child custody? Contact us today to see what the Law Office of Jamra & Jamra can do to help you navigate this difficult time in your life.

Tips to Make Mediation Work

Thursday, April 18, 2019

man and woman going through divorce mediation

Though you may think that you need to go to court to get divorced, the truth is that there is a better way. Mediation can really save you time and money. It could also save your relationship, especially if you are parents. Parents who try mediation are often better co-parents because of it. They didn't spend months fighting through the court system because they found a way to make it work together.  

That being said, it isn't always easy. Here are some tips to make mediation work.

Choose the right mediator. 

Though any mediator will help you through this process, you need to make sure that you find one that you are both comfortable with. You may also want to make sure that he or she has helped others who were in a similar situation as you are. Some specialize in helping those who are dealing with cheating, have children involved, or are in a certain financial situation.

Have all of your paperwork together. 

Getting all of your paperwork together can be tedious. You are going to need information about the mortgage, your health insurance, any retirement accounts, and much more. However, if you don't have them when you come to mediation, it isn't going to help. In order to split up your things, you are going to need the information.

Don't be afraid to take a break. 

There are times when you are talking about things that are going to be hard for you. This is especially true when it comes to figuring out what is best for the children. Your emotions may get the best of you. Don't be afraid to ask for a break so you can compose yourself and try again.

When you are going through mediation, you need to choose the right person to help you through the process. You also need to make sure that you have all of your paperwork in order. If not, it will just slow down the whole process. Then, don't be afraid to take breaks when you need to. It is important so that you can come back refreshed and ready to try again.

Contact us for all of your legal needs. We will be glad to help you through this difficult time.