An Experienced Family Law Attorney and Mediator

A Encinitas divorce attorney
and mediator committed to ensuring the
best outcome for your family

Encinitas Collaborative Divorce Attorney and Mediator

 
Watch this video for a description of the Collaborative Divorce process.

Video Transcript
Collaborative Divorce is one of the options for a divorce. Most people are familiar with the adversarial process, which is court, but a Collaborative Divorce is an option that enables couples to divorce without fighting in court. The best way to describe how the Collaborative Divorce process works is the story of the orange. The story of the orange goes like this.

There is one orange and two children. Each child wants the orange. How can we effectively double the orange, so that each child gets what they want? By asking the right questions, we can determine that one child wants the rind of the orange to make icing for cupcakes, while the other child wants the juice. In this way, we can essentially double the orange, so that each child gets what they want. We can do that same thing for families in the Collaborative Divorce process, by asking the right questions.

In a Collaborative Divorce, each spouse has an attorney, so that the spouses have their own advocates to support and advise them in their case, and through a series of joint meetings, the case is resolved without the fighting, animosity, and long-term emotional and financial damage that court can cause. At the first joint meeting, the spouses state what is important to them and their family, such as for the children to have security and stability, for the parties to each have financial security and stability, and for the parties to have a good relationship with the children after the divorce is over. In most cases, the collaborative team includes a financial professional who assists the couple in gathering the financial information about their assets and their debts and helps them develop their post-divorce budget. The other member of the Collaborative Divorce Team is a trained mental health professional – one for each spouse or a shared mental health professional for the couple — but these professionals do not do therapy — rather they help the parties develop their own parenting plan, if they have children, and they coach the parties on communication techniques that will help them keep the process moving–communication breakdowns slow the process down, which ends up costing the parties money. Another member of the Team could be a Child Specialist who brings the voice of each child into the process and serves as a neutral representative of each child’s needs and concerns in the divorce. Instead of fighting in Court, spouses meet with the Collaborative Divorce Team for several approximately two hour meetings to review the financial information and the parenting plan, to develop options for the division of their assets and liabilities, to evaluate those options and to negotiate an agreement that is acceptable to them both. Finally, the attorneys draft the agreement, and once signed, the divorce Judgment is filed with the Court, but no one ever has to go to Court or go in front of a judge for the divorce. The couple and, if they have children, their entire family are less harmed by the divorce process and their future well-being is looked after when they take advantage of Collaborative Divorce.
For More Information, about Collaborative Divorce contact the Law Office of Rebecca Medina at 559-324-5427.

Protect Your Family and Your Future

If you are looking to minimize the emotional and financial strain that often accompanies divorce and other family conflicts, consider mediation or collaborative divorce that empowers individuals to resolve conflicts out of the court adversarial process. Mediation and Collaborative Law each offer a consensual, non-adversarial approach that seeks to facilitate constructive communication and encourage creative problem-solving. At the Law Office of Rebecca M. Medina, a Professional Law Corporation we understand that family law matters are emotionally charged. We work with you to minimize the stress at this challenging time and to guide you through to a brighter future. As a mediator and a collaborative attorney, Ms. Medina can help guide you through the process, so you can make decisions that are solution-oriented and best for all.

Our Mission

The Law Office of Rebecca M. Medina is committed to helping individuals and families in the greater Fresno and San Diego areas with family law matters. Our firm has seen first-hand the devastation of families, finances, and relationships in traditional court litigation practices. We believe that there is a better way to help our clients with family law matters that provides a healthier and more holistic approach to family transitions. 

avvo
Ms. Medina represented me in a difficult divorce that ended recently. In the process, she came up with several creative solutions to difficult circumstances that arose. She was very responsive, and her main focus was to resolve disagreements as efficiently and expeditiously as possible, but without sacrificing my rights and legitimate demands. She was very firm with opposing counsel, without being confrontational. Ms. Medina was extremely pleasant to talk to and had a very calming demeanor. I felt that she truly cared about my predicament. I recommend her, without hesitation, to any honest person going through a difficult divorce. -Divorce Client

What Kind of Help Do You Need?

No matter what your needs are or how desperate you feel, Rebecca Medina can help.

The collaborative divorce process is a court-free way of getting divorced. In a collaborative divorce (or separation), you do not need to appear before a judge. Instead, both spouses or domestic partners work together with a team of professionals – including attorneys, therapists, child-custody specialists, and financial experts – to settle all aspects of the divorce or separation by written agreement.

Divorce is a difficult experience for anyone. Going to Court is not the only way to get a divorce. You have alternative choices and can contact our office to get more information.

Your children are your number one priority, and any decision involving them should not be taken lightly. Learn how to minimize the negative effects of divorce on your children

Generally, child support is paid from the custodial parent to the non-custodial parent, based on the income of the parents, to contribute to the cost of raising the children.

California is a “community property” state. This means, in general, that all property acquired by married spouses after the date of marriage and before separation are community property.

When things change after a family law order has been issued, non-litigation alternatives to Court such as mediation or collaborative law are still beneficial and may help reduce the overall financial and/or emotional costs of the Court system.

Mediation is a process where you and your spouse/partner reach an agreement with the help of a trained mediator without going to Court.

The characterization and distribution of income, assets, and debts are carefully considered in drafting prenuptial agreements. Prenuptial agreements are essential to establishing rules and guidelines should the marriage end in divorce and are beneficial in preventing potential conflicts further down the road should the marriage end in divorce.

Are you entitled to spousal support (alimony)? If so, spousal support can come in different forms and can be in addition to child support.