Divorce Options
Litigation
Family law litigation refers to a legal action that occurs when two spouses or parents separate and cannot agree on the terms. If the parties cannot agree on issues such as spousal support, child custody, or distribution of property, litigation often arises so the court can settle the issues. During litigation, both parties present evidence, which may be in the form of witnesses, testimony, or financial documents. The court considers the evidence to make a determination on the contested matters.
Family law litigation is generally more expensive than settling without taking it to court, since the parties incur greater legal fees and court costs. When possible, many individuals try to avoid litigation by working with arbitrators or mediators who aim to facilitate a settlement by helping the parties discuss their desires and compromise. Litigation, however, is sometimes unavoidable. At Kendall and Gkikas, LLP, we understand and study your case first and then suggest what’s best for you.
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Mediation
Family law mediation is a non-adversarial, voluntary process chosen by couples who have decided to separate. It is not therapy or counseling, but rather a conflict resolution system. A couple who has decided to mediate is choosing to work as a team to resolve all of their issues which may include — without limitation — division of property, division of debt, child and spousal support, and child-sharing issues. In choosing mediation, a couple is choosing to retain a mediator and attend a series of meetings to work out reasonable solutions. If the parties decide instead to have attorneys handle their case, they each have legal representation and pay a professional for that representation.
It takes every couple a different period of time to complete mediation. It depends in part on the number of issues the couple has to discuss and on the complexity of their case. But it also depends upon a number of other factors. These could include difficulty in dealing with the emotional aspects of divorce, trial periods for child-sharing schedules, and the desire to wait until a large asset is sold prior to making a final decision on division of other assets. The length of California mediation process could range from six weeks to 2 to 3 years.
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Self-Representation
This means advocating on one’s own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff, and whether the matter is civil or criminal. Pro se is a Latin phrase meaning “for oneself”. This status is sometimes known as propria persona (abbreviated to “pro per”).
Facing legal matters without the benefit of education, training and experience can be daunting. The paperwork can be confusing and the legal process is unfamiliar, even though the Judicial Council of the Judiciary Branch of the State of California works tirelessly to create forms to simplify the legal process. As many litigants in today’s economy are facing an inability to hire counsel, Thomas and Kristina are willing and ready to meet with you to explain the process and point you in the right direction, whether that is reviewing settlement terms or advising you on the next steps necessary to bringing your matter closer to a resolution.
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