Divorce Attorneys Helping You Through Mediation

If you are in San Diego, California, you should know that there are two types of mediation that often apply to divorce actions. Concerning the division of assets and debts, mediating can move the couple to an agreed upon resolution more quickly than a drawn out negotiation through counsel. The other type of mediation concerns parental duties as detailed below.

More and more divorcing couples are turning to mediation for help negotiating a settlement that both spouses can live with. Mediation allows you and your spouse to find areas of agreement and build from there in forging a workable settlement that saves you money.

Even if you and your spouse can work on a settlement together in mediation, it is important to work with an attorney who can review the settlement details and make sure you do not agree to something that is not in your best interests. Our experienced lawyers here at Divorce Attorneys-San Diego.com can effectively guide you through mediation and help you finalize your divorce.

Mediation Will Benefit Your Children In The Long Run

Family Court Services (FCS) provides child custody recommending counseling in family law cases when separating or divorcing parents cannot agree on a child custody plan. Child custody recommending counseling is provided in a private counseling office with a court counselor. The FCS conference allows both parents to work together toward a mutually acceptable agreement which is in the best interest of the children. The FCS session will last approximately 1 1/2 to 2 1/2 hours.

Mandatory Child Custody Recommending Counseling

In any dissolution matter regarding child custody and visitation where there is a dispute, Family Code section §3170 mandates that the case be set for child custody recommending counseling prior to the court hearing. If agreement is reached, it is reported to the court (through the attorneys), and thus the court hearing may be canceled and the family makes its own decision. If no agreement is reached, a recommendation will be made by the court counselor and the court hearing will proceed.

The Purpose of Family Court Services is to:

  1. Assist families in the settlement of domestic controversies involving the welfare of children where there is an action in Family Court.
  2. Try to ensure children get frequent and continuing contact with both parents after the dissolution of marriage or end of a relationship.
  3. Encourage parents to cooperate and share the rights and responsibilities of parenting during and following a dissolution.
  4. Investigate guardianship cases scheduled for the Probate Court when the prospective guardian is a relative of the child. The investigation will help try to ensure the needs of the child will be met. (Probate Code §1513 & Family Code §3110).

To learn more about FCS and its locations, visit http://www.sdcourt.ca.gov/portal/page?_pageid=55,1524469&_dad=portal

The most important part of these mediation sessions is that it will help you and your spouse learn to compromise. Allowing your children to see you and your spouse working together on parenting decisions instead of arguing.

We can help you prepare for these session, in which you will meet with a FCS social worker (and possibly other experts) to help you and your spouse come to agreements on custody, including vacation and holiday schedules, as well as parenting time and decisions regarding health care, education and religion.

Whether in court-ordered or private mediation, our lawyers can represent you and make sure that you and your children's interests are protected. Contact us today at 619-269-8000 to schedule a consultation.