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Kathy Minella

In Mediation

Mediation vs Collaborative Divorce

POA

When it comes to finding a peaceful resolution in divorce, neither collaborative divorce nor mediation will be the correct path for everyone. The approach that you choose to utilize will depend on the unique factors within your case, individual preferences, and your ability to access outstanding attorneys and mediators.

Points to Consider

It is important to understand the differences in your options. The primary feature of mediation is that a professional neutral party, the mediator, helps you negotiate terms with your partner, but has no authority themselves to decide the outcome of the case. Mediators are typically flexible and informal but they are a neutral and will not give you legal advice.

The primary feature of collaborative divorce is that both spouses will be represented by an attorney, who helps them to come to terms and sign a ‘no court’ agreement. The parties are still negotiating out of court but they are all working together to achieve a settlement.  With collaborative divorce, spouses negotiate through four-way meetings, and attorneys may involve other professionals within the case. Similarly to mediators, collaborative divorce is informal, flexible, and efficient.

Factors that can Lead to Favoring Collaborative Divorce 

Someone who feels as though they need the guidance and support of an attorney throughout their case may appreciate collaborative divorce. In some cases, your circumstances may include complex financial or legal issues that you don’t feel capable of negotiating yourself. In a collaborative divorce, two attorneys help to guide each step of the case, ensuring that you have a professional to confer with, whenever necessary.

Sometimes there are dynamics in a divorce where the parties do not get along.  One spouse may feel that they are being taken advantage of or not being heard, you may feel strengthened by the structure a collaborative divorce can bring. Having a quality collaborative divorce attorney at your side can give you the confidence to voice what’s important to you.

Factors that can Lead to Favoring Mediation

Mediation can be more flexible than collaboration, as there only needs to be three participants present, the spouse, you, and the mediator. Mediation is also more flexible in the procedures that you will be expected to follow, meaning that you could have more input in how and when things happen during your case. With mediation, you work directly with the mediator in deciding the substance and process of your case. Some people regard mediation to be more efficient and inexpensive than collaboration.

The reason for this is that you do not have to co-ordinate the calendars of four different people or more, at least two of whom will be busy professionals. Getting everyone together for meetings during a collaborative dissolution can be a time-consuming endeavor, which may add to the cost of the overall process.

Furthermore, California provides laws that are dedicated to protecting the confidentiality of things that are said during mediation, however no such laws have been put into place when it comes to collaborative dissolution. Although you do share attorney-client confidentiality, the four way meetings you take part in will not be considered ‘confidential’ discussions.

Obviously, there are positives and negatives to both options, and you may benefit from discussing your choices with a legal professional before making any final decisions.

•• Minella Law Group Can Help••

It is important to hire an experienced collaborative divorce attorney such as Minella Law Group with knowledge and experience to successfully negotiate your divorce without involving the court. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you!

 

In Divorce

What is a California “Minor’s Counsel?”

California "Minor's Counsel

If you have minor children and are getting divorced, you and your spouse – with the help of attorneys – can often work out questions of custody, visitation, and other related issues with the help of your attorneys.

In some California cases, however, the court will appoint a person known as a minor’s counsel to represent the children.

The following explains what a minor’s counsel is and what their role in a divorce case is:

What is a California “minor’s counsel”?

A minor’s counsel is a lawyer appointed by the court to represent the best interests of the child. Attorneys who fill this role must meet the training, experience, and education requirements mandated by California law.

After they’re appointed, they gather information in several different ways, including interviewing the child, reviewing court files and relevant records such as school and medical reports, and investigating further if necessary. If the child has wishes they’d like to share with the court, this is also done through a minor’s counsel.

When is a minor’s counsel needed?

Most divorce cases involving minor children can be resolved without the help of a minor’s counsel. However, in some cases, the court will decide that a minor’s counsel should be appointed. This is sometimes done based on a recommendation from a parent, one of their attorneys, the child, a relative, or other parties with knowledge about the case, or the court can decide that having a minor’s counsel is in the child’s best interests without a recommendation.

The following are some of the circumstances that might prompt the court to appoint one (or more, if there are multiple children):

  • The divorce case is highly contentious.
  • The parents have an extended legal history.
  • The child is under stress due to the divorce dispute.
  • Claims of abuse, neglect, or child abduction have been made.
  • The court needs more information about what’s in the child’s best interests.

Although most divorce cases don’t require the help of a minor’s counsel, this position can help the court decide what’s in the child’s best interests in more complex cases. With each parent being represented by an attorney, a California minor’s counsel represents the child’s interests and gives related information to the court.

It is imperative to have a skilled family law attorney advocating for you and your child. Dont leave your time with your child up to chance, put yourself in the best position possible by having zealous representation.

 ••Minella Law Group Can Help••

Attorney Kathy Minella is on the court appointed list as a minors counsel. She is regularly appointed to assist the court in difficult and complex custody cases. Our attorneys are skilled in presenting custody cases in court that demonstrate the best interest of the child. Please call 619.289.7948 for more information. 

 

 

 

 

 

[image courtesy of pexels]

 

In Divorce, Family Law Blog

Prenup vs Postnup in California: The Difference

how do you officially change your name after a divorce

Gone are the days when getting prenup or postnup seemed a bad omen for the marriage. Currently, about 51% of prospective couples believe prenups and postnups do not mean a lack of faith in marriage but insurance to your finances and emotions in case of divorce.

Unfortunately, the terms prenup and postnup are often used interchangeably while they have different meanings. What is the difference between prenups and postnups, and which applies to your case?

Keep reading for these answers.

Differences Between Prenup and Postnup

Some of the major differences between prenups and postnups are:

Timing

A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by a couple before they get married. It outlines how assets, debts, and other financial matters will be handled in the event of a divorce or separation. Prenups can also address issues like spousal support and the division of property.

Prenups are signed by engaged couples who expect to get married soon. Although the prenup is signed before marriage, it becomes valid after the couple ties the not. 

On the other hand, postnups are signed by couples after they are already married. A prenup may be signed days, months or even years after the marriage. The couple decides when the terms of the agreement become effective, which may be a date before or after the signing date. A past date can go back to their wedding date.

Coverage

A prenup mainly looks at the property owned by the prospective couple before marriage. However, the postnup covers property earned before and after marriage. If the marriage has already lasted for a while, it gets tricky to agree on the community property since it should be divided 50/50. It also has to consider businesses and property that didn’t exist before the marriage.

Validation of the Document

Signing a prenup becomes valid if it meets California’s Uniform Premarital Agreement Act and is signed by both parties. However, a postnup becomes valid after being approved by the court.

Before the court approves the postnup, they need to confirm that each spouse came to the agreement voluntarily and that the agreement is fair to both parties. The court does not validate the document if the agreement does not meet such legal requirements.

Should You Get a Prenup or a Postnup?

If you are yet to say ‘I do’, don’t wait until you are married to get a postnup. Instead, get a prenup since it is easier to acquire than a postnup.

Fortunately, getting a postnup is only complicated but not impossible. Therefore, if you are already married, don’t hesitate to get a postnup as it will come in handy in case you separate or divorce your spouse. Either way, seek legal advice to ensure that you come up with a prenup or postnup that will help you in the future.

•• Minella Law Group Can Help ••

Attorneys at Minella Law Group are here to help and have your best interest at heart.  For more information or to schedule a consultation, call us at 619-289-7948.  We look forward to helping.