Explaining the Binding Nature of the Process

When people decide that they’d like to end their marriage but that they’d also like to avoid the nastiness and the expense of a litigated California divorce, many are beginning to turn towards divorce mediation.  This process can help spouses avoid the pitfalls of litigation if it’s successful, but it’s also relatively new to the legal scene and therefore prompts many questions.  One of those questions involves whether or not this process is binding in nature.  Anyone who would like to learn more about this approach to dissolving a marriage should seek the advice of experienced San Diego divorce mediation lawyers, and below is a brief overview of this source of confusion.

Is California Divorce Mediation Binding?

As a general rule, California divorce mediation involves the negotiation of a divorce settlement between the spouses who want to end their marriage.  Therefore, this process is treated like any other settlement and/or contract negotiation, in that if the parties can agree to all of the terms that must be clarified in order for a court to legally dissolve the marriage, it would be treated as binding.

The process is seen as binding for two reasons.  The first involves basic contract law.  If two parties agree to a contract in good faith and provide valid consideration to each other, then the document that’s signed would be legally binding.  In addition, if the contract that’s written in the form of a Marital Settlement Agreement with the help of a San Diego divorce mediation attorney is approved by the court, then it’s also binding for that reason.

Generally speaking, a San Diego divorce mediation lawyer will not make this process binding.  This person’s role is to help guide the parties towards a solution.  If an agreement is reached in principle, then the attorney will help the parties write the Marital Settlement Agreement such that it would pass muster with the court and so that the marriage will be dissolved.

Can California Divorce Mediation Results Be Vacated?

While the results of a successful California divorce mediation are generally legally binding, there are situations where the results can be avoided.  These situations generally arise if one of the parties discovers that there has been a commission of fraud or some other act that would obviate the results of the negotiation.  However, these instances are few and far between in a statistical sense.

Overall, spouses who pursue this strategy and succeed with obtaining a result can usually move on with their lives faster and with more of their assets intact.  If you’d like to learn more about this approach to ending a marriage, contact the San Diego divorce mediation lawyers today to schedule an initial consultation.

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