Divorce is a difficult and emotional time for every family. It is also a series of decisions, compromises, meetings, and finally, a court decision that will affect your life and your children’s lives very significantly for a long time.
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You’re unhappy and struggling in your marital relationship, and you’re looking for a solution. Divorce may be an option for you, but it is vital that you understand all of the legal, procedural, financial, and personal implications and issues related to your potential divorce.
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The process of division of assets in a marriage dissolution must result in an “equitable” distribution between the parties. However, many people misinterpret “equitable” to mean “equal,” and expect the assets, property, and debts to be divided between the parties exactly in half. This is not necessarily the case.
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How will the mediator approach my case? During the session, the mediator will meet with each side individually. A common approach will follow this pattern.
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Settlement negotiations, offers of settlement and related information exchanged during a settlement conference or mediation are “confidential” and cannot be introduced in court at a later time (with a few rare or limited exceptions).
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In the most recent edition of NW Lawyer, family law and probate attorneys discuss the ramifications (and results) of the death of a spouse in the midst of a dissolution proceeding. There are many misunderstandings about what happens to property (both community and separate property) when parties are estranged yet still legally married.
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