Divorce Law firm Orange County

How do you distinguish a Divorce Attorney from a Divorce Mediator?

2010-07-28T16:37:00.000-07:00

A Divorce lawyer and divorce mediator is alike but not the identical.

A mediator is someone who comes in to talk about divorce mediation. The mediator does not give legal advice; instead will talk about the difference of opinion between the independent variable and the dependent variable.

The neutral role for the mediator is meeting both the parties. In order to keep the dialogue fair and impartial with out taking sides.

The mediator will tell the one party that made the decision to call a mediator that she/he cannot discuss any specific issues of the case. It gives both parties an equal chance to tell their story once they meet.

In conclusion, the mediator will come up with a decision by determining the conditions of any settlement reached by being the third party.

Does your Child’s input impact a Judge when determining Visitation or Child Custody?

2010-07-19T13:59:00.000-07:00

The question of whether your child’s opinion will matter to the court when determining custody and visitation is a frequent question.

This is determined based on the judge hearing your family law case and the age of the child.

Since it is difficult to determine at what age a child is old enough to know what he or she prefers, some judges use 15 as the general age.

However, some judges have been known to consider the input of the child base on the maturity and articulation of the child.

Even when the judge lets a child voice their opinion this does not mean they will do exactly what the child requests.

This simply means that the judge will take what the child has to say into consideration when delivering a final judgment.

More Divorces in Orange County California due to the economy?

2010-06-25T10:30:00.000-07:00

Does tough economic times place extra strain on ones marriage? Some experts are saying, “yes”.

Counselors and therapists report business is up, due to our poor economy; moreover, some Orange County divorce attorneys say their phones have also been ringing of the hook with many queries.

The current divorce rate in the United States is 3.6 out of every thousand people.

Attorney Bettina Yanez Esq. Senior partner of her Orange County family law firm, Yanez & Montes, LLP, says divorce proceedings are always difficult for all parties involved.

Generally during December with the holidays, people are unwilling to initiate or begin a divorce; however, the 2009 holiday’s did not experience a decline.

The Orange County divorce attorney says the slow economy and the issues that arise with it could be to blame for increase in marital disagreements.

We all know that money issues contribute to stress, but with the housing market in peril, people losing their jobs; hence, now marriage seems be more delicate then the norm.

Do I need an Orange County divorce attorney?

2010-05-22T17:08:00.001-07:00

If you are unsure if you need a divorce attorney, ask yourself the following before you proceed on our own with the divorce proceedings:

1. Do I comprehend the forms that I need to file in order to proceed without a lawyer?

2. Do we have children?

3. Do we have large assets, pensions, 401(K)s and/or liabilities that need to be separated?

4. Is my spouse going to contest any portions of our divorce that may necessitate Court intervention and guidance?

5. Do I have any doubts about whether I am agreeing to do something that I'm not legally required to do or waiving something that I may be legally entitled to?

If you responded yes to any of the questions above, it is in your best interests to at the very least consult with a family law divorce attorney.

The following are common characteristics of a person who does not need an attorney to assist them in a divorce:

1. The parties have no children or sizeable assets that need to be separated and/or have already divided all of their assets and liabilities;

2. The person comprehends all of the divorce documents and is perfectly capable of filing them out without the assistance of a lawyer;

3. Not in a hurry and have no specific time line that they are looking for to finalize their divorce;

4. The funds that it would take to hire a lawyer is more than the value of the assets or debts the parties are contesting;

5. Alimony or child support is not at concern.