Litigation is a divorce option when mediation is unsuccessful
Many California parents have marital problems. Some are able to face their troubles head-on and overcome obstacles in their relationships. Others are unable to resolve their differences and decide that divorce is their best option. Parents, in particular, often hope to take advantage of divorce mediation, although it's wise, even if that is the intention, to be prepared for litigation in case things do not go as planned.
Sometimes, spouses agree to mediate but partway through, discover that it is just not working. Perhaps they are unable to reach an agreement about child custody, support or property division. This is why it helps to do some research ahead of time to try to find legal support equipped to handle both mediation and litigation issues. Having an experienced family law attorney by your side, especially if your situation is complicated, can mean the difference between a swift and successful process, and a long, drawn-out court battle.
State laws and guidelines vary where child custody and spousal support issues are concerned. The court has discretion and generally makes its final decisions on a case-by-case basis. The court also is typically of the opinion that children fare best if they have ample time with both parents following divorce.
However, if you know of some reason that this would be an impediment to your children's well-being, it is definitely a matter you can discuss with an experienced legal advocate who can protect your rights and make sure proceedings focus on your children's best interests. Molsby & Bordner, LLP, in California, is committed to helping you achieve a beneficial divorce settlement. Your children's well-being and your new lifestyle goals become our priorities when you reach out for our support.