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How To Avoid Going To Court

Family Lawyer

If you require an attorney contact a family lawyer Alameda County, CA whom clients trust to serve their child custody, divorce, and family conflict needs. Although your case may need to go to court for a variety of reasons, a skilled family lawyer will strive to settle your case out of court. The following are a few reasons why a case may settle out of court, with the help of an attorney.

  1. A client’s family law case may not need to proceed to trial at court if mediation is successful. Mediation occurs when a client and their spouse, in the presence of a mediator, come to an agreement that satisfies both parties. The mediator in this scenario is often a family lawyer, experienced to remain neutral and carry the conversation with peace and momentum until an agreement can be made. If however, mediation is not successful and one or both parties refuse to cooperate the case will proceed to trial in front of a judge.
  2. If a client chooses to pursue the process of arbitration then a trial in court will be deemed unnecessary. Arbitration takes place when a family law case is presented before a panel of arbitrators. These arbitrators decide cases such as child support, alimony, property division, and child custody battles. If the client and their spouse both agree, the arbitrator’s decision is validated and considered legally binding. However, if the spouses are not motivated to negotiate or settle outside of court this option may not be the best fit for their case. A family lawyer will advise their client whether or not they believe arbitration is the correct path to take. It is important for the client to consider that their attorney is looking out for their best interest, considering their case, and recommending the most advantageous route. 
  3. If you and your spouse are amicable and can have a productive discussion regarding the division of assets, child custody, alimony, and other various aspects of a family or divorce law case, then a collaborative or uncontested divorce may be your best option for avoiding a trial at court. Family lawyers such as those from Kempen & Company strongly advise this option if both parties are calm and willing to work with one another.  However, as evidenced by many attorneys, divorce and family conflict can often bring out the worst in clients, not allowing them to think or communicate clearly. In order to protect his or her client from hurting their case, a wise family lawyer may advise against an uncontested divorce. In this situation, little to no communication between the spouses would be advantageous as they await a judge’s ruling on their case in court.

If you and your spouse are unaware of which course of action would be best to take, seek out the experience and wisdom of a family lawyer. Allowing an attorney to speak into your unique situation, may provide clarity, and save you the hassle of trying to figure out the correct legal steps to take on your own.