If you dread the thought of fighting your spouse in divorce court, remember that there are different ways to end a marriage. California law offers several ways to resolve divorce disputes, and many of them avoid a courtroom trial altogether.
Divorce conciliation is an alternative to litigating a divorce, and many spouses use it to handle their cases. Our San Mateo divorce lawyer can protect you in the conciliation process. And if you have to litigate a divorce matter, our experienced family law attorney can fight on your behalf and help reduce the friction in any divorce battle.
Our family law team at the Law Offices of Ali Yousefi, P.C., is award-winning and dedicated to making a positive impact on our clients’ lives. If you need help, please contact us to schedule a free consultation.
Why Do Divorce Disputes Happen?
Divorce can have a significant impact on every area of your life. So, even couples who want an amicable divorce can disagree about important issues.
Common divorce disputes involve:
- Child custody and parenting schedules,
- Child support,
- Spousal support,
- Division of property and debts,
- Allocation of retirement account and pension benefits, and
- Distribution of family homes or businesses.
California is a no-fault divorce state, so spouses do not need to prove wrongdoing to end a marriage. Instead, most divorces proceed based on “irreconcilable differences.” The result is that the court focuses less on blame and more on reaching fair solutions. Understanding this fact can help you focus on the factors a court considers when issuing a divorce decree rather than on the feelings that might remain between you and your spouse.
What Factors Do Courts Use to Make Divorce Decisions?
Whether you choose divorce conciliation to resolve your case or you choose to go to trial, knowing the factors the court looks at to make final decisions can help you avoid stress and prepare. We cover the basics of these factors below.
Property and Debt Division
In general, every divorce requires a division of the couple’s community property and their community debts. Generally speaking, community assets and debts are what you and your spouse acquire or incur after you get married and before you separate.
The court divides these debts and assets equally unless you and your spouse agree to another type of division. California law requires both spouses to provide accurate financial disclosures during the divorce process to promote transparency and support fair settlements and informed negotiations.
Child Custody
If you and your spouse share a minor child or an adult child with special needs, the court must decide what type of physical and legal custody each parent will have. Physical custody is the amount of time the child will spend with each parent and where they will live, while legal custody is the extent of each parent’s say in important matters in the child’s life.
California law determines custody based on what is in the child’s best interest. The factors that help decide the child’s best interests include:
- The nature and amount of contact the child has with each parent;
- Whether there is a history of violence in either parent’s household;
- The child’s age and health;
- Whether either parent has ongoing issues with substance abuse;
- The child’s ties with their home, school, and community; and
- Each parent’s ability to care for the child.
Courts often favor joint custody, but they may give primary custody to a parent if it is in the child’s best interest.
Child Support
Courts need to decide how parents will financially support their child after a divorce. Child support obligations are based on how much physical custody each parent has and each parent’s income.
Spousal Support
While spousal support (or alimony) is not automatic, it can be an important part of a divorce decree for many. A court may order spousal support if the spouse to be supported:
- Does not have sufficient capacity to maintain the same standard of living they had while married,
- Has an impaired earning capacity because of sacrifices they made during the marriage,
- Contributed to the paying spouse’s earning capacity, or
- Lacks the financial resources to address their needs.
Courts also base support orders on a spouse’s ability to pay.
Any one of the above-listed divorce issues can be resolved by a trial or by multiple forms of alternative dispute resolution (or mediation and conciliation).
Divorce Conciliation
A divorce often becomes easier when parties can agree on how to move forward. There are many ways to enter into an agreement, including those listed below.
Settlement Negotiation
Many California divorces settle through negotiation. In this approach, spouses communicate to resolve disputes and enter a written agreement outside of court. Having a lawyer during the negotiation process can be crucial to helping ensure the agreement is fair and enforceable.
Negotiation often works well when:
- Both spouses want to avoid court,
- Communication can remain reasonably respectful,
- The parties are willing to compromise, and
- Financial issues are manageable.
Negotiated settlements are usually more private and cost less than litigation because they avoid lengthy, public court hearings and trial preparation. However, negotiation may be difficult or unfavorable if your spouse hides assets, if negative emotions run too high, or if there is a history of domestic violence in your relationship.
Mediation
Mediation involves a neutral third party who helps spouses resolve disputes together. The mediator does not make decisions. Instead, the mediator guides conversations and helps the parties find common ground. Mediation can lead to a settlement agreement or clarify and simplify issues before spouses head to court. During mediation, lawyers may still advise clients behind the scenes. A lawyer may also attend sessions directly to help ensure their client’s rights are respected.
Collaborative Divorce
Collaborative divorce is another alternative to courtroom litigation. In this process, both spouses hire specially trained collaborative divorce attorneys and agree to resolve disputes respectfully, in good faith, and without going to court. In addition to special attorneys, the collaborative process may include financial professionals, child specialists, and other professionals.
At the beginning of the collaborative process, both spouses sign an agreement committing to respectful and honest settlement efforts outside court. If the process fails and litigation becomes necessary, the collaborative attorneys must withdraw from the case.
What Happens When Mediation and Conciliation Are Not Possible?
Some divorce disputes cannot be resolved cooperatively. In those situations, litigation may become necessary. Litigation involves asking a judge to decide unresolved issues through formal court proceedings.
Litigation may be appropriate when:
- Domestic violence exists,
- A spouse hides assets or income,
- One party refuses to negotiate,
- Child safety concerns arise, or
- There are major disputes involving property or support.
Spouses in litigation have access to discovery (court-sanctioned requests for evidence from the other side) and can rely on the judge’s authority to compel their opponents to cooperate.
How Can Lawyers Help Reduce Conflict?
A skilled divorce lawyer does more than argue in court. Lawyers often help clients avoid unnecessary conflict while protecting their legal rights.
An attorney can:
- Explain California family law clearly,
- Organize financial disclosures,
- Negotiate practical solutions,
- Speak on a client’s behalf in highly emotional situations,
- Protect parenting relationships,
- Identify unfair settlement terms, and
- Help clients make informed decisions under stress.
Lawyers can also help clients choose the right dispute resolution method for their situation.
We Can Help You Choose the Right Path Forward
Divorce can change every part of your life, but the process does not need to destroy your future. California offers several ways to resolve divorce disputes, and with the right guidance, you can move through a divorce with greater confidence and peace of mind.
The top-rated legal team at the Law Offices of Ali Yousefi can give you the guidance you need to protect your interests and win favorable outcomes in family law matters. Please contact us online or call us today to schedule a free consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Grounds for divorce, Cal. Fam. Code § 2310 (2014).
- Division of property, Cal. Fam. Code § 2550 (1992).
- Retirement plan benefits, Cal. Fam. Code § 2610 (2019).
- Division of debts and liabilities, Cal. Fam. Code § 2622 (1992).
- Disclosure of assets and liabilities, Cal. Fam. Code § 2102 (2019).
- California Courts, “Child custody and visitation (parenting time).”
- Child support principles, Cal. Fam. Code § 4053 (2019).
- Spousal support, Cal. Fam. Code § 4320 (2018).
- Riverside Superior Court, “Collaborative Law.”
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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