A quick divorce is something every splitting couple wants, but only a few can achieve such a feat. Many people think that divorce and a tumultuous court case go hand in hand. They may envision divorce lawyers at one another’s throats and high levels of emotion that soon get out of hand. Divorce court is a long drawn out battle, isn’t it? No, it doesn’t have to be at all.
Divorce can be quick, but only if you select the best avenue for completing the process. The best way to get your divorce over with as quickly as possible is by choosing divorce mediation.
In divorce mediation, you and your spouse will work with a mediator. This professional’s job is to help you and your spouse come to an agreement on all aspects of your divorce.
The mediator may or may not be an attorney, but the person should be extremely well-versed in California family law.
Most importantly, the mediator must act as a neutral party and should never advocate for either party.
The following will help you better understand the role of a mediator and the mediation process so that you can potentially use this method for your quick divorce.
Frequently Asked Question: How Can I Get a Quick Divorce in California?
The average divorce can take months or years to complete. For that reason, many people think that a quick divorce is an impossibility. It is only when couples learn about divorce mediation that the clouds begin to part, and a ray of hope begins to shine through.
Instead of divorce court, which requires you and your spouse to potentially hire attorneys and testify in front of a judge, mediation is a calmer and more peaceful process.
During mediation, you and your spouse will show up to sessions that are usually held in a boardroom, not a courtroom. You are able to discuss matters openly so that a fair resolution can be made.
Sounds amazing, doesn’t it? While mediation can work for many, the process is not for every couple. And the fact is, only a select few will qualify.
Can You Get a Quick Divorce? Only if You Exhibit these Signs
California requires a six-month mandatory waiting period from the time of filing to the time of your actual divorce. However, if you are willing to wait those six months, your divorce can be over fast if one or more of the following points apply to you.
Uncontested Divorce: If you and your spouse are amicable and generally agree to the terms of the divorce, you are more likely to succeed with divorce mediation. This means that you are willing to compromise with regards to alimony and child support, child custody and visitation, medical support, and all others. The more flexible the couple can be, the more likely the mediation process will go off without a hitch.
Easier on Children: If you fear that divorce may be tough on your children, mediation may be more your style. The mediation process tends to be easier on children since the mediation sessions are often more peaceful than divorce court, effectively shielding children from any and all conflict.
Cheaper Divorce: If you want to keep your expenses low, you might want to consider mediation over divorce court. Divorce court can cost tens of thousands of dollars or more. Mediation, on the other hand, tends to be far more affordable. For those couples trying to save money, working with a mediator is a no-brainer.
Confidentiality: Divorce court transcripts can be read by pretty much anyone. That means that any disagreements you and your spouse have and all the dirty laundry that may come out during the divorce proceedings can become public knowledge. Mediation sessions, on the other hand, are kept private, allowing you to prevent potentially personal and embarrassing information from getting released to anyone but you and your spouse.
You Want to be Heard: Judges are pressed for time and thus are unwilling to get to know you or your situation personally. Mediators have more of an opportunity to get to know you and will allow you to voice your opinions freely. The goal of mediation is to work through your issues so that you feel most comfortable, something you absolutely cannot do in divorce court.
Flexibility: Divorce court requires you to be on a select schedule, and the process is far more formal than mediation. With a mediator, you and your spouse are free to hold sessions at your convenience. In some cases, your quick divorce can be handled via online video chat or over a conference call.
Transparency: For mediation to be successful, you and your spouse must be completely forthcoming about all finances, debt, and other important considerations. If there is secrecy on either side, this can complicate matters, which can have the added effect of drawing the process out. If you and your spouse are willing to discuss all matters freely, a quick divorce is a very good possibility.
Quick Divorce: Finally, mediation can be handled in a single session in some cases. The process may take a bit longer if financial considerations require more research, for example. However, your mediator has a vested interest in seeing that your divorce ends in a timely manner and with both you and your spouse agreeing wholeheartedly, a concept that is alien in most family law courtrooms.
When a Quick Divorce is Likely Not Possible
Divorce mediation may be challenging if your spouse is incapacitated or if there is a history of domestic violence. If there are complications such as these, a mediator will be hesitant to take your case, which means that court may be the inevitable alternative.
Steps for Getting a Quick Divorce with Mediation in California
Step 1 – Come to an Agreement with Your Spouse: For mediation to be successful and for your divorce to be over quickly, do your best to cooperate with your spouse. In doing so, try to settle all issues between the two of you as best you can with regards to asset and debt separation, child custody and visitation, and all others. The more you can compromise, the speedier the divorce process will be.
Step 2 – Hire a Mediation Specialist: Ideally, you will work together with your spouse when searching for and hiring a mediator for your quick divorce. The specialist should be agreed upon so that you both can feel as comfortable as possible during each meditation session.
Step 3 – Come Prepared to the Mediation Sessions: Your divorce will be over faster if you can come to the mediation table with all paperwork and related information in hand. Examples include financial documents, your children’s school records, and medical information.
Step 4 – Keep Emotions to a Minimum: You and your spouse will have an easier time resolving your disputes if you can both look at the issues with reason instead of emotion. Divorce court is where emotions tend to get out of control. Mediation allows for a calmer divorce process, making the situation easier on everyone involved.
Step 5 – Follow the Mediator’s Guidance: While a mediator is not a judge and cannot rule over the divorce proceedings, the mediator will guide you and your spouse toward a peaceful resolution. As long as you speak up when you should, you and your spouse can emerge from your quick divorce with a fair decree you both can live with.
Hire a Mediation Specialist to Facilitate Your Quick Divorce
When you and your spouse are willing to compromise and wish to gain more control over the divorce process, you may want to consider divorce mediation. With a mediation specialist, you and your spouse can be guided toward a peaceful resolution. This process tends to be easier on the couple and any children the two of you share. While emotions tend to run rampant with divorce court, mediation can save you time, money, and frustration.
To hire a neutral mediator near you, call Fresh Start Mediation in Carlsbad, California. As qualified divorce attorneys, we know how to grant you and your spouse a quick divorce with a focus on compromise and an amicable resolution. Call now for a free consultation.