Do I Really Have to Go to Court for My Divorce in Riverside?
One of the most common questions for divorcing spouses in Riverside is whether they will have to go to court. Many of these spouses may have certain preconceptions about divorce and the legal system in general – perhaps influenced in part by Hollywood. The truth is that divorce often occurs in a different way than what you might have seen on the big screen.
To learn more about how your divorce might proceed, consider consulting with experienced divorce lawyers in Riverside. Knez Law Group, LLP has guided numerous spouses through this process as evidenced in their client reviews, and we know how daunting litigation might seem. This family law firm is home to established divorce attorneys, including Matthew J. Knez and Andrew J. Knez. Matthew J. Knez has published a Law Review article on the subject of child custody, and he earned his Juris Doctorate at the University of La Verne, College of Law.
The Difference Between Divorce Trials and ADR
A divorce trial is sometimes called “litigation,” and it is the legal process that most people are probably somewhat familiar with. A family court judge oversees the public trial, and both spouses are represented by their respective attorneys. Each party has a chance to make arguments and present evidence, and at the conclusion, the judge decides how certain disputes should be resolved. These disputes may involve child custody, child support, spousal support, and property division.
Alternative dispute resolution, or “ADR,” is a different approach, and it occurs in private. There are various ADR methods, including mediation, arbitration, and collaborative law. Although these methods have notable differences, all allow spouses to avoid the courtroom and resolve their differences in a more flexible, cooperative manner. If these negotiations prove successful, spouses and their lawyers can draft “separation agreements.” These agreements describe how child custody, child support, alimony, and property division will be resolved.
How Common are Divorce Trials in California?
According to the California Court Self-Help Guide, divorce trials only occur when you cannot agree on “complicated issues” in private. In other words, spouses generally attempt ADR before moving to litigation.
Most spouses understand the benefits of ADR, and they hope to experience these benefits before resorting to a trial. For example, mediation can be cheaper, quicker, and more private than litigation. Some also claim it is less stressful than a trial. Spouses who value their privacy – including high-net-worth individuals – often appreciate the confidential nature of these negotiations.
That being said, mediation is a voluntary process. If one spouse does not want to participate or negotiates in bad faith, parties will have no choice but to pursue a trial.
Contact an Established Divorce Law Firm
Although the road ahead might seem uncertain as you approach the end of your marriage, divorce lawyers in Riverside are here to help. Knez Law Group, LLP can help you get a sense of how your divorce will proceed – whether you face a trial or mediated negotiations. During your first consultation, our experienced divorce attorneys can answer any questions you might have as you get started with an action plan. Call 951-742-7681 to begin this process today.
Andrew J. Knez earned his Bachelor of Arts degrees in Political Science and Criminal Justice from California State University, Fullerton. During his college years, he was a member of the Pi Kappa Phi Fraternity and interned at the College Legal Clinic, where he assisted underprivileged communities in obtaining affordable legal services. Mr. Knez credits this experience with fostering his appreciation for the law and its positive impact on society. Additionally, during college, Mr. Knez worked as a paralegal, gaining hands-on experience in civil litigation. Learn more here.