Legal Question in Family Law in California
Mediation vs Hiring an Attorney
Husband & wife file for divorce, wife hasn't worked in 10 years but has went to school for the past six together and got a degree. There is 1 child, completely agree on visitation and required amt of child support. THere is a home appraised at over 500 thousand, which is one of the problems along with Spousal supp. which she thinks she deserves. Have paid what attny stated would be req'd for two years, wife now working full time, not to the potential that she would have if working in the field of her degree. Both of our attny's became ill and/or retired since. Wife suggests mediation. Is this going to be beneficial and fair to both? Especially when we have not been able to agree on the house and spousal support previously? Husband has maintained medical and dental on both wife and child, but wife took it upon herself to obtain insurance for the both of them regardless. I feel that mediation is a waste of time. Please share your knowledge on how these types of situations have turned out in the past. Many thanks in advance.
2 Answers from Attorneys
Re: Mediation vs Hiring an Attorney
I used to think that mediation was unhelpful and unneccesssary when the parties' lawyers could "mediate" between themselves. I no longer feel that way. You should decide whether there is any more you would be willing to discuss during mediation. It sounds to me like you and she see the world differently. A mediator may help her (and maybe you) see things as a court might order them. Then attitudes may change. My sense is that you should pay a lawyer her/his hourly rate for an analysis of what might happen if you litigate the modifications you contemplate. THen you can decide what stance to take in mediation.
Re: Mediation vs Hiring an Attorney
mediation is an option, but like you, we feel it is very overrated alot of the time, especially if there are major issues both parties cannot readily agree upon prior to dissolution. mediation may be worth a shot here, but it may also turn out to be a "waste" of time as you astutely pointed out under the circumstances. You may want to look into retaining a new attorney regardless if your soon to be ex does not have one, he can always appear in pro per if need be. however, you should protect yourself with a new attorney as soon as possible. if you would like further assistance in this matter, contact us directly.
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