Divorce Mediation Mission Viejo, CA

Divorce mediation is about you and your soon-to-be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, for your children. In mediation, you and your spouse meet with a neutral third party, the mediator, Ellie Tipton Ortiz, and with Ellie’s help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. Ellie does this by assisting the divorcing couple in formulating ideas that can eventually lead to agreements.

Each case is different and has different factors and circumstances which call for and receive individual attention. A separate analysis of individual issues is made and they are handled accordingly. Complex cases involving custody, property, support, pension, and difficult parties, generally take more time. With cooperation of both parties, the Family Law matter can move forward to a reasonable and prompt resolution.

Once the Petition is served on the Respondent, the six (6) month clock commences to run for the obtaining of a final decree of dissolution. While many dissolutions take longer than six months to resolve, no final decree of dissolution can be entered sooner than the six month period, and will only be entered with a full settlement agreement or agreement to bifurcate the marriage status.

Yes, as long as your domestic partnership has been registered with the State of California.

A Summons and Petition will be prepared and filed with the superior court in the county where you or your spouse lives. You will have to pay a fee to the Court to file these papers.

There are several steps that may occur after you file. Disclosures will be filled out, an agreement (resolving dissolution without having to appear in court) will be drafted and reviewed and finalized in a mediation session. Final papers will be filed and judgement will be obtained.

You may have religious, insurance, tax or other reasons for wanting a legal separation instead of a dissolution. To file for divorce in California, you must have resided in California for a minimum of six months AND in the county you’re filing in for a minimum of three months. If you have recently moved to California and do not meet the above residency requirements, but you need to file paperwork now to obtain temporary orders for custody or support, your only option is to file for legal separation. If you obtain a legal separation, you and your spouse will remain married, but the court can divide the property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order. A legal separation requires a mutual agreement.

If you file for legal separation, then while the proceedings are still pending you decide you’d prefer a divorce, or if you did not meet the residency requirements before and now do, the process may be quite simple. You will use the same Judicial Council forms (Petition and Summons) that you used to file for legal separation, only this time you will need to mark each form “AMENDED” and, on the Petition, check the box for “Dissolution of Marriage”. Caveat – if the other party has filed his or her Response to your first Petition or you have already filed an amended Petition, you will need court approval to file a new amended Petition.

There is generally no additional filing fee with the court, but you should check the rules for your county before you go to the courthouse to file the forms. Once you’ve filed the amended forms with the court, your spouse must be served again by any adult other than yourself, just as before, and a Proof of Service of Summons must be completed and filed with the court.

Now for the exception…if you have already obtained a final Judgment of Legal Separation from the court and later decide that you would like a divorce, you cannot file amended paperwork as indicated above. You will need to start over with a new case.

The law does allow parents to make agreements that are different from the Child Support Guideline, provided that there are reasonable assurances that the children’s needs will be met. Child Support can always be modified to Guideline.
Guideline support takes into account the incomes of each parent and the percentage of time that the parents spend with the children. Guideline Support does not take into account your budget. Parents generally follow the Guideline, but can also work together to find a different resolution.

Spousal support is the term for alimony in California. Spousal support is money that one spouse pays to help support the other after the filing of a dissolution.

To determine the amount of spousal support, there are many factors to consider. They include but are not limited to: the standard of living during the marriage, the length of the marriage, the age and health of each spouse, earning capacity and job histories of both individuals, and any other relevant factors.