The Wald Law Group | Divorce & Dissolution

SAME-SEX DIVORCES:
In the LGBT community, the divorce process is particularly complex because of rapidly changing laws and the resulting legal uncertainties that families face. The processes and rules for LGBT and other non-marital families facing divorce and/or dissolution are less clear than for marital families. Further, contentious dissolutions can endanger not only the long term well-being of the individuals and children involved, but also the broader legal status of LGBT and non-marital families in general. These problems were longstanding, but they have been transformed - and sometimes magnified - with the 2005 enactment of A.B. 205, a law which requires a legal dissolution action in the California Family Law courts to terminate a state-registered domestic partnership (see our Divorce & Dissolution FAQ for more information).

The end of a marriage or domestic partnership is often a complex and difficult process, especially when there are children involved. There are a range of options available for handling a divorce - mediation, collaboration, or litigation. Each has its strengths and weaknesses, and each is appropriate in certain cases and inappropriate in others.

At the Wald Law Group, we work with our clients to determine whether they are best suited for mediation, collaboration or litigation. Our lawyers are trained in both litigation and collaboration, so we are able to assist clients with both simple and complex cases, and with both "amicable" and "hostile" divorces. We will be glad to work with you to figure out the best way to handle your divorce as humanely and cost-effectively as possible.

THE MEDIATION-COLLABORATION-LITIGATION CONTINUUM:

Mediation: Mediation is a "triangular" model of Alternative Dispute Resolution (ADR). In the mediation model, the parties meet with a neutral third person - the mediator - whose role is to help the parties reach a negotiated resolution of their dispute. Family Courts in California will generally require divorcing couples to attempt mediation before any custody litigation can be undertaken. Each court has mediators who work with the court directly; or, as an alternative, private mediation services are offered by both attorneys and social workers/psychologists who have completed mediation training. As a general rule, attorney mediators work on property-related disputes, while child development mediators work on custody disputes.

Collaboration: The Collaborative model shifts from a "triangular" model - with one neutral mediator assisting the parties in reaching a negotiated resolution of their conflicts - to a model where each party brings their attorney directly into the negotiation process. Collaboration works well in higher conflict cases, where more outside input and advocacy is needed to reach negotiated resolution; and in cases where communication has broken down between the parties to a point where mediation is unlikely to assist them. Collaboration also works well where there is a significant power imbalance between the parties that creates an uneven playing field that can be neutralized by skilled advocates on each side of the dispute.

FAMILY LAW APPEALS:
The attorneys at the Wald Law Group have extensive appellate experience and expertise, and are available to handle family law disputes - including contested dissolutions, parentage and custody disputes - at the appellate level as needed to benefit our clients.

Because the parties to a collaborative divorce set their own priorities and determine for themselves when an acceptable outcome has been achieved, the collaborative model can work well for people who only can agree on one thing: that they want to dissolve their marriage/partnership without giving over control to the court system. The Wald Law Group emphasizes a collaborative approach, and brings its full expertise to the process of trying to assist clients in achieving resolution of their disputes without contentious litigation.

Litigation: Where the parties cannot reach negotiated agreement on all issues, the Wald Law Group will work with clients to identify those issues which can be worked out by agreement and those which cannot. Mediation or collaborative negotiation can be very successful in resolving some disputed issues, even when the parties are litigants in highly contested lawsuits in the Family Law courts. Because it is so expensive and unpredictable, the Wald Law Group specifically directs court litigation only where the parties truly cannot agree. However, under these circumstances, the attorneys at the Wald Law Group have the experience and expertise necessary to pursue all-out litigation in either family court or civil court.

For more information about how we can help you resolve a Divorce, Dissolution, Contested Parentage Action, or Custody Dispute please contact the Wald Law Group at info@waldlaw.net.