Divorce often comes with numerous embarrassing issues you need to address. Maybe your lawyer uncovers your spouse’s gambling problem, which they managed to cover up by paying the credit card statement every month. Perhaps the reason you filed was that you discovered an extramarital affair.
Allegations of misconduct can easily complicate California divorces and lead to a very embarrassing litigation process for your family. If you think you need to address certain misconduct but loathe the idea of making such matters part of the official court records, there could be an alternative solution that can help with your divorce.
Mediation can lead to justice in a private setting
With the rare exception of families that can convince a judge to seal certain parts of their divorce record, what people share in the family courts will be accessible to others later. When you litigate custody matters or property division decisions, you may need to explain certain, very private matters to the judge presiding over your case.
Your testimony about how you uncovered the affair or the financial records showing how much your spouse spends on alcohol every month could become part of the public record and later have a damaging impact on your reputation or personal prospects. Of course, simply ignoring such major issues isn’t the right approach either.
You may be able to address misconduct through mediation. State law in California protects what you say in mediation by making it confidential. You and your ex can potentially discuss all sorts of private issues that you feel are relevant to the big decisions in your divorce. No matter how emotional or embarrassing the conversation becomes, you will have the confidence that comes from knowing what you say will remain confidential.
It may be easier for the two of you to speak openly about the issues that led to the end of your marriage and that may complicate property division and custody matters when those conversations remain private. You may have an easier time reaching a fair and reasonable solution for property division when you can discuss issues from your marriage honestly without fear of damaging your reputation or future earning potential.
Although mediation may require some time and some difficult conversations, it could help you move on from your divorce more effectively while also compromising less when pursuing justice for yourself. Considering the different tools available during California divorce proceedings can help you move on after you realize your marriage isn’t healthy or happy.