Divorce & Dissolution

Same-Sex Marriage, DOMESTIC PARTNERSHIP & Divorce

In the LGBT community, the divorce process can be particularly complex because of the many twists and turns lesbian and gay couples have experienced on the road to marriage equality, which has resulted in a variety of different (and often overlapping) legal statuses including marriages, civil unions and domestic partnerships. Even experienced family law attorneys often are confused about the continued relevance of California domestic partnerships, which types of legal relationships can and cannot be dissolved in California, what rights flow from a domestic partnership without a concurrent marriage, etc. (see our Domestic Partnership FAQ for more information).

Even after the United States Supreme Court decision in Obergefell, it remains essential for same-sex couples in need of legal services related to the dissolution of their marriages and/or domestic partnerships to make sure their attorneys have the up-to-date and comprehensive understanding of same-sex family law needed to meet their legal needs (see our ACFLS Winter 2014 article on representing same-sex families).

The end of a marriage or domestic partnership is often a complex and difficult process, especially when there are children involved. There are a range of options available for handling a divorce — mediation, collaboration, or litigation. Each has its strengths and weaknesses, and each is appropriate in certain cases and inappropriate in others.

At The Wald Law Group, we work closely with our clients to determine whether they are best suited for mediation, collaboration or litigation. Our attorneys are trained in all three methods, so we are able to assist clients with both simple and complex cases, and with both “amicable” and “hostile” divorces. We are happy to work with you to figure out the best way to handle your divorce as humanely and cost-effectively as possible.

The Mediation-Collaboration-Litigation Continuum

Mediation: Mediation is a “triangular” model of Alternative Dispute Resolution (ADR). In the mediation model, the parties meet with a neutral third person — the mediator — whose role is to help the parties reach a negotiated resolution of their dispute. Family Courts in California generally will require divorcing couples to attempt mediation before any custody litigation can be undertaken. Each court has mediators who work with the court directly; or, as an alternative, private mediation services are offered by both attorneys and social workers/psychologists who have completed mediation training. As a general rule, attorney mediators work on property-related disputes, while child development mediators work on custody disputes.

Collaboration: The Collaborative model shifts from a “triangular” model — with one neutral mediator assisting the parties in reaching a negotiated resolution of their conflicts — to a model where each party brings their attorney directly into the negotiation process. Collaboration works well in higher conflict cases, where more outside input and advocacy is needed to reach negotiated resolution; and in cases where communication has broken down between the parties to a point where mediation is unlikely to assist them. Collaboration also works well where there is a significant power imbalance between the parties that creates an uneven playing field that can be neutralized by skilled advocates on each side of the dispute.

Because the parties to a collaborative divorce set their own priorities and determine for themselves when an acceptable outcome has been achieved, the collaborative model can work well for people who only can agree on one thing: that they want to dissolve their marriage/partnership without giving over control to the court system. The Wald Law Group emphasizes a collaborative approach whenever possible, and brings its full expertise to the process of trying to assist clients in achieving resolution of their disputes without contentious litigation.

Litigation: Where the parties cannot reach negotiated agreement on all issues, The Wald Law Group will work with clients to identify those issues which can be worked out by agreement and those which cannot. For issues that need to be litigated, the experienced litigation attorneys at The Wald Law Group will rigorously represent you through discovery, motions, and trial, and/or on appeal as needed. However, because it is so expensive and unpredictable, The Wald Law Group advises court litigation only where the parties truly cannot agree. Under these circumstances, the attorneys at The Wald Law Group have the experience and expertise necessary to pursue all-out litigation in either family court or civil court.

For more information about how we can help you resolve a Divorce, Dissolution, Contested Parentage Action, or Custody Dispute please contact us at info@waldlaw.net or call 415-648-3097.