California recognizes community property and abides by equitable division laws, meaning that nearly all property acquired during a marriage is split equally between spouses during a divorce. Dividing marital property can be a messy ordeal that gives rise to heated disputes, stalling the divorce process. Many couples do not expect to find themselves in a divorce, nor do they expect to encounter difficulties when dividing their property.
Community property may include the following:
- Real property
- Bank accounts
- Retirement plans
Without marital arrangements like a pre-nuptial agreement, many couples end up battling over a fair division of property through lengthy and costly court proceedings. However, it is possible for spouses to avoid bitter disputes and unnecessary expenses through alternative methods of divorce, such as mediation. An Orange County mediation attorney can help couples resolve issues of property division and reach mutually beneficial solutions!
What is mediation?
Mediation is a process of negotiating divorce and other marital agreements outside of court. A mediator facilitates open communication between spouses in order to help couples voice their interests and reach favorable solutions without court enforcements. Though a mediator cannot make any legal decisions for the couple, the mediator is able to help spouses brainstorm and arrange negotiation agreements. There are many benefits to mediation, including:
- No public record of divorce or other procedure
- Spouses can maintain control of process
- Option to retain a lawyer for advice
- Potential of improving communication and avoiding future conflict
Divorce mediation can allow spouses to reach better solutions in less time than traditional court hearings. In addition, mediation does not require lawyers to be present; however, both of the spouses still have the option to retain an attorney for guidance. This is a flexible alternative to divorce that can help both spouses voice their needs and concerns, and encourage mutually beneficial arrangements through open discussions and negotiations.
Dividing Business Assets Effectively
Businesses owned by one or both spouses are also considered marital property. Depending on the situation, a judge may award shared ownership between spouses, full ownership to one spouse or another arrangement. Mediation gives couples the ability to have more control over business property division in divorces and other marital negotiations.
If you are worried about how your business might be handled in a divorce, consider mediation in order to find a favorable solution. An experienced mediator can look after the best interests of each spouse and ensure the couple is informed about the issues involved.
An experienced mediator addresses key questions about business property, such as:
- What is the value of the business?
- How has each spouse contributed to the success of the business?
- What role does personal goodwill have on the success of the business?
- Is the business properly classified as community property or separate property?
- Has an offer recently been made by a third party to buy the business?
Hire a Skilled Mediator for Your Property Negotiations
Your mediation may only be as good as your mediator. At Kevin B. Gibbs, APLC, my experience as a family law and divorce attorney in Orange County allows me to make effective recommendations as a mediator in a divorce or other marital negotiations. I have working knowledge of family law that can help couples identify potential issues and resolve them quickly, ultimately helping the couple make positive decisions in any negotiations.
My qualifications to be your mediator include the following:
- Board-certified family law specialist
- 25 years of experience in divorce and family law
- Provided expert testimony in court
- Served as court-appointed special master for family law issues
I am able to act as your mediator for separation agreements, pre-nuptial agreements, and other negotiations where you may want to avoid the costs of going to court. Mediation allows couples to better look after their individual interests and the interests of their children. If you and your spouse are seeking an alternative to a court-supervised divorce, contact my firm today and work to protect your rights and the interests of your family through mediation.
Schedule a free case consultation with Kevin B. Gibbs, APLC today!
"I used Mr. Gibbs for my divorce. He was great, very knowledgeable and professional! He was excellent at letting me know the options I had and pointing me in the best direction. He was upfront and honest about outcomes. I was very happy with his service."Joshua Lott
"I could not have asked for a better experience in the midst of a bad situation than working with Mr. Gibbs. He was honest and fair and patient and kind."Rebecca Sterling
"He is a great family law attorney and I would definitely recommend him to a friend or family member in need."Les D.