Property division is one of the main obstacles to completing a divorce. California often treats everything as community property, making this a massive undertaking.
There are two paths forward for separating belongings. One is going through the court system and having a judge make all the decisions. The other is using a mediator. Figuring out whether the latter option is preferable requires weighing critical factors.
How much flexibility is possible?
Judges often tackle dividing valuables with an all-or-nothing approach. In their pursuit of fairness, they wind up allocating assets in unsatisfactory ways. Under mediation, the agreements that divorcing partners may strike are limitless. So long as compromises are possible, a more favorable outcome remains within reach.
How likely are there to be arguments with the soon-to-be ex?
Courtrooms exist to settle disagreements between those who cannot agree. Although the legal framework provides boundaries, courts can cause animosities to surface. Working out the matter in an informal setting could be less stressful. This is especially likely when each side is working with trustworthy attorneys.
How desirable is confidentiality?
If one chooses to go through the court system, everything will become part of the public record. Sensitive topics can spread throughout the internet within moments. Wagging tongues are embarrassing. In mediation, everything remains confidential. This is a significant benefit if one worries about gossip from nosy neighbors.
Mediation could be the best choice, depending on the responses to these questions. Anyone considering divorce would do well to identify which path makes the most sense.