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Thinking about a Divorce? You have process choices!

1. SELF REPRESENTATION. You can decide to represent yourself “In Pro Per.” This will require you to file your own pleadings and appear in Family Law Court without an attorney. If you have substantial assets or complicated issues regarding child custody or support, you may want to consider another process.
2. LITIGATION COUNSEL. You can retain a Family Law Attorney to represent you in this process. The standard practice in this area is that the attorney will require a trust account retainer and will have you sign a written fee agreement for their services. The attorney will assist you in preparing the required pleadings and will appear in court with you. If the case does not settle, it will go to trial in one of the Family Law departments. In litigation, if the parties cannot reach an agreement, the Judge is the person who decides the case.
3. MEDIATION. Both parties can agree to handle the divorce through the mediation process. Here, you each retain the services of a Family Law Attorney who has training as a mediator. This person will not represent either of you, but will act as a neutral professional who facilitates productive discussions between the parties. The mediator provides guidance as to what the law is, but allows the parties to craft a settlement that they both agree is in the best interests of themselves and their family. If the parties are able to mediate a settlement, then the mediator will prepare a Marital Settlement Agreement or a Memorandum of Understanding, which will become the Agreement that attaches to the Judgment in their matter. The standard practice in this area is to sign a written mediation agreement that will clearly state the amount of the required trust account retainer and the hourly rate of the mediator. In mediation, the parties are the decision makers on all of the issues in the case. Mediation is confidential and, if done successfully, can allow the parties to complete the entire process without ever personally appearing in Court. The final Agreement can be submitted by declaration to the Judge for review and signature.
4. COLLABORATIVE PRACTICE. Here, the parties choose to obtain a divorce through the use of a Collaborative team of professionals who meet privately with them to assist in reaching a settlement of all the issues. In San Mateo County, the Collaborative Professionals use the team approach wherein each professional focuses on their subject of expertise to contribute to the ultimate settlement agreement reached between the parties. Each Party is represented by the following professionals as members of their team: a trained Collaborative Attorney, a trained Collaborative Coach, and a trained Collaborative Financial Advisor. The attorneys are trained in mediation and collaborative practice. The coaches are mental health professionals who are trained in co-parenting skills and collaborative practice. The neutral financial advisor is trained in collaborative practice and uses mediation skills to assist the parties in preparing the required disclosure and a plan to share financial resources if appropriate. The standard practice in this area is to sign separate retainer agreements with each professional on the team. The parties and professionals meet privately and work out a property settlement, a support settlement, and, if there are children, a full parenting plan.

The San Mateo County Superior Court encourages parties to consider alternative dispute resolution in Family Law matters. This includes mediation and collaborative practice, which are accomplished by the parties who make their own decisions and voluntarily reach an agreement.

Author: Paul J. Walti, Jr.
Mediator and Collaborative Counsel
Family Law Specialist