A Better Way Mediation

Description

Faith Jansen has over 25 years of court advocacy experience in all aspects of family law, including complex property and debts, child support and spousal support (alimony), child custody (in divorce and guardianships), and restraining orders. To hire her as your representative in court requires entering into an attorney-client retainer contract which assumes that there will be court appearances leading up to a trial, unless the case settles before trial. Litigation involves each party’s attorney arguing and proving his or her client’s case in front of a judge to get a court decision or order. Sometimes, where time is of the essence, starting a case in the litigation mode is the quickest way to get temporary orders for the client’s protection. Many cases start out in litigation to obtain temporary (pre-judgment) orders for child custody, visitation, child support, spousal support, occupancy of residences, use of cars, etc., after which the attorneys are able to negotiate a settlement agreement out-of-court. In other cases, settlement efforts are unsuccessful and the case goes to trial. Divorce and family law cases are tried by a judge only, without a jury, but this difference does not make them less complex, since they often have many more issues than other types of civil cases. All California divorce and legal separation cases require the parties to exchange Declarations of Disclosure which allege values of assets and debts and are accompanied by a production of specified documents. Where both parties voluntarily comply with these disclosure requirements and are transparent about assets and debts, litigation counsel will be able to confer with their clients and make settlement proposals without spending an excessive amount of time gathering documents and information from third party sources. In other cases, it is advisable to have the attorney subpoena employment compensation records directly from a spouse’s employer, or subpoena a spouse’s bank records directly from the bank, to be assured of obtaining complete and reliable information. In highly litigated cases, the attorney may have to make formal document demands, serve interrogatories, and take depositions.

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