Learn when and how child custody orders can be modified in California. Williams, Drexler, & Mand PC helps parents seek custody changes that reflect their child's best interests.

What to Do After Being Served with Divorce Papers in California

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This post explores three key reasons why couples in California might consider a postnuptial agreement. You’ll learn how these agreements clarify asset ownership, outline financial roles, and help reduce stress if divorce ever becomes necessary.

Consequences of Failing to Pay Spousal Support in California

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Divorce mediation is an alternative to the traditional divorce process where the parties involved meet with a neutral third-party mediator to reach an agreement on the issues in divorce. It is a collaborative and non-adversarial process that helps the parties involved in the divorce arrive at a mutually acceptable solution. Mediation can be an effective way to resolve disputes in a divorce, but it is not a simple process. In some cases, the parties may reach an impasse, a point where they cannot agree on an issue, and the mediation seems to have failed. In this blog post, we will discuss some tips for overcoming an impasse in divorce mediation. Try to prevent an impasse before it happens The best way to overcome an impasse is to prevent it from happening in the first place. The parties should start the mediation process with a positive attitude, focusing on the issues that need to be resolved, and approaching them with a willingness to be flexible. Before the mediation starts, the parties should talk about their goals, priorities, and concerns, and try to identify areas of agreement or disagreement. They should also discuss how they will communicate during the mediation and how they will handle disagreements. It is essential to approach the mediation process with an open mind, and a willingness to compromise to reach a solution. Take a breath - separate If the parties are in a heated disagreement, they should take a break and separate for a while. The parties can use this time to reflect on what is essential to them and what they are willing to compromise. It is crucial to remain respectful and take a break before an impasse happens. Put the issue aside for the time being Sometimes taking the issue off the table for a while can help break the deadlock. The parties can focus on other issues that they can easily agree on and return to the disputed issue later. If the parties cannot agree, the mediator can suggest setting aside the issue temporarily and return to it after progress on other issues. Highlight the progress that has been made Agreements made on the issues so far should be highlighted. Parties should be reminded of how much they have agreed on and should use this as momentum to resolve any remaining issues. This can help parties understand that progress has been made, and they can resolve their outstanding issues. Clarify the practical implications of the dispute Parties often get stuck on small details that might not matter in the long run but feel essential to each party. Mediators must help parties understand the implications and consequences of the issues that are causing the impasse. This approach can help the parties gain clarity and work towards a resolution. Consider retaining an issue-specific expert If the issues in the impasse are technical or require a higher level of expertise, retaining an expert could make a difference. Experts can provide more detailed knowledge on a particular topic that can help the parties make informed decisions. An issue-specific expert can help resolve a mediated dispute, especially if the dispute is technical or concerns a specific subject. How can an attorney help? An attorney can represent a party during mediation and understanding the other and their parties’ goals and interests. The attorney can give legal advice and assist in negotiating an agreement. In some situations, the attorney may suggest litigation as an alternative when mediation fails. Mediation is a valuable and effective tool for resolving disputes, but it can be challenging when parties reach an impasse. Parties involved in mediation must approach the process with an open mind to reach an agreement. This blog post has provided some useful tips to overcome a mediation impasse. Parties who cannot resolve their issues can seek assistance from lawyers and issue-specific experts. When parties feel stuck in mediation, taking a break, reflecting on agreements, and collaborating on other less-contentious issues can move the mediation forward. Parties should work towards identifying the underlying interests of the parties and an enduring solution that benefits everyone involved.

Marriage is an exciting and joyous occasion. However, it is also a legally binding agreement. While most couples don't like to think about the possibility of a divorce, it is crucial to be prepared for all eventualities. This is where a prenuptial agreement comes in handy. A prenup is a legal document that outlines how any assets, debts and property accumulated during the marriage will be split, in case of divorce. Although prenups were previously considered something only for the rich, nowadays, they are becoming increasingly common, even among middle-class Californians. 1. Knowledge and Expertise: An experienced attorney can guide you through the prenuptial agreement process and ensure that your interests are protected. Since an attorney has an in-depth understanding of California’s laws, they can help you design a prenup that is legally sound and enforceable. In addition, an attorney can ensure that you consider all legalities and that your agreement does not violate any applicable laws. 2. Avoid Disputes: By hiring an attorney to write your prenup agreement, you can avoid potential disputes. In many cases, a prenup can become invalidated if it’s not structured correctly or if there were omissions or mistakes. To avoid these issues, it’s essential to hire an attorney who understands the legal nuances and requirements. 3. Customize your Prenup: One of the best things about working with a lawyer is that they can tailor your prenup to meet your specific needs and situation. An attorney can provide recommendations for clauses, taking into account your financial circumstances, as well as non-monetary issues such as future kid’s custody or inheritance rights. 4. Save Money: While it might be tempting to go with an online form, this can be a false economy. Although this might seem to be an affordable option at the outset, a prenup that is not constructed correctly due to a lack of legal expertise and experience can lead to disputes and ultimately divorce costs that can exceed those of creating your prenup with the help of a lawyer. 5. Objective Arbiter: An attorney serves as an objective party and mediator who can help you and your partner negotiate and communicate your goals and expectations. They can help you work through conflicts that may arise during the prenuptial process and ensure that both parties have had the benefit of legal advice before signing off. In California, prenuptial agreements are an important tool for couples to consider before making a lifelong commitment. The state has specific laws and requirements that must be followed if you want your agreement to be legally valid and enforceable. Hiring an attorney to help you prepare a prenuptial agreement is always crucial. They provide you with knowledge, expertise, and legal representation that ensure a fair and equitable agreement that protects both parties. A prenup is an investment in your relationship and can save you from expensive and long-lasting litigation in the future.