Vista Family Law Frequently Asked Questions - ABH Mediation

Vista Family Law Frequently Asked Questions

Get answers to your biggest family law questions from the team at Anne B. Howard Family Law and Mediation.

Mediation FAQs

During mediation, your Vista family law mediator will manage the negotiation between you and your spouse. This might mean meeting in the same room, or you and your spouse may be split up to avoid conflicts. After an agreement is reached, your mediator will file the proper paperwork with the court.

After your mediation decision has been filed by your family law attorney and processed by the court, it can be enforced in the same way as any other type of court order. Keep in mind that your decision will only become legally binding after you’ve both signed the agreement.

Mediation is required in every California child custody case. You can choose to hire your own Vista family law mediator or rely on government resources.

If one or both parents fail to attend custody mediation in California, the court will be notified, and the parent or parents may be required to explain their actions in court. If a spouse fails to attend divorce mediation, they may be subject to a default divorce which may disregard their interests.

While mediation can be a powerful dispute resolution tool, it does have some weaknesses. First, parties are not required to agree to mediation, meaning you’ll only be able to utilize mediation if all parties agree to participate. Similarly, mediation is only successful if all parties can agree.

Prenuptial Agreement FAQs

As long as your prenuptial agreement was properly completed and filed, it should be recognized and enforced by the court.

Prenups can be overturned if it’s found that either party agreed under duress or false pretenses.

There are two primary types of concerns that prenups can’t cover: first, prenups can’t establish child custody agreements. Child custody decisions can only be made with the child’s specific needs in mind, and those needs can’t be fully known before the custody issue arises. Next, prenups also can’t establish personal preferences as rules, such as who does what chores or how children will be raised.

Generally, we recommend that you get a prenup for your relationship if there is a disparity in wealth between the two of you. You may also wish to get a prenup if there are assets that you want to keep protected.

Estate Planning FAQs

To put it simply, comprehensive estate plans include wills, and a will doesn’t cover as much as an estate plan. While a will primarily deals with what happens to your property after you die, an estate plan includes those directives as well as end-of-life plans and more guidance for your loved ones.

Many different components could potentially be included in a typical estate plan, including your will, living will, medical directives, beneficiary designations, trusts, designation of power of attorney, and more.

Trusts come with a few different disadvantages: first, they’ll cost you, both up-front and ongoing fees. Trusts can also be subject to collection by creditors, and they’re subject to taxes.