Family Law Services

When Is Divorce Arbitration the Best Approach?

Divorce arbitration is a good option for situations involving just one particular issue that cannot be decided between the parties for some reason. Often, court calendars are packed, so divorce arbitration is typically a much more efficient way to resolve a single issue between the parties.

In one divorce case involving a dispute over the separation timeline, Neil successfully used the case management aspect of arbitration as an effective approach to resolve this issue between the parties, eliminating the need for a three- or four-day arbitration hearing. As the arbitrator, he was able to work with the parties and their attorneys to go over potential outcomes of the arbitration hearing and reach an amicable solution without proceeding with the hearing.

Divorce Arbitration with a Power Imbalance Between the Parties

One issue that comes up from time to time in divorces in the state of California is that one party may be more influential or more powerful than the other. In these scenarios, arbitration is useful because the parties are really leaning on the process—which includes customized rules. When his cases involve an imbalance of power, Neil is able to ensure that the arbitration process remains equitable and just.

When Neil is providing a second opinion for a client regarding a case, it is also beneficial for him to understand what the client’s current attorney is recommending and the basis for that recommendation. In some cases, Neil might agree with the recommendations of the client’s current attorney; however, there have also been cases in which Neil’s recommendations were substantially different.

Providing Guidance While Respecting the Decisions of His Clients

As an attorney providing consulting and second opinion services, Neil is able to balance his role of providing guidance and expertise while also respecting the decisions and autonomy of his client and their attorney. He understands that different attorneys may have different approaches to resolving legal issues and remains cognizant of that fact throughout his assessment of a client’s case.

In a consulting or a second opinion role, Neil takes care not to disrupt an existing attorney-client relationship whenever possible. His goal is not to take over the case; rather, his services are focused on guidance and providing deeper insight regarding a current case strategy or a recent court order. Ultimately, it is always the client’s decision as to how they would like to proceed with their case.

Up-to-Date Knowledge of California Family Law Trends and Developments

Neil remains up to date with the latest developments and trends in family law by attending continued legal education courses (as required by the state of California), contributing to continued legal education as a writer, and speaking and presenting at some family law-focused courses. Each year, he also attends a seminar focused on recent changes in the law and case law updates, designed to give family law practitioners in the state of California up-to-date information for their chosen area of practice. Neil takes every opportunity to continue his education and learning in the practice area of family law so that he can remain confident that his consulting and second opinion services are well-informed and relevant.

Important Legal Considerations Addressed Through Premarital Counseling

During each premarital legal counseling session, Neil ensures that the couple understands that this isn’t about divorce or planning for divorce; it is about the fiduciary responsibility that spouses have to each other, and, potentially, to their children. Marriage is the highest relationship of trust and confidence that the state of California will endorse, and it is critical for all parties to understand that going out and earning an income is just as important as the work involved in running a household and raising children.

Another important legal consideration Neil makes sure to address during a premarital legal counseling session is that the couple does not have any obligation to create a premarital agreement. In some cases, just meeting with an attorney and learning about their legal rights pertaining to marriage is helpful enough to a couple, and they do not feel a need to move forward with drafting and signing a premarital agreement. 

Premarital Counseling Can Help Identify and Resolve Hidden Issues

While providing premarital counseling services, Neil frequently identifies and resolves legal issues that the couple had not originally considered—which can potentially save them from future disputes or complications. In one recent case, Neil provided premarital counseling for a couple in which one party owned a business going into the marriage. Neil asked the couple if they discussed how they planned to handle determining each spouse’s interest in the business, particularly if it ended up being very lucrative. It turned out that they had not talked about it yet—so Neil was able to help them have a fruitful conversation regarding that issue, which likely helped them avoid a potentially major dispute down the road which could have easily led to a much different kind of conversation.

Neil recognizes the importance of creating a safe and constructive space for couples to discuss sensitive topics and potential areas of conflict throughout his premarital counseling sessions. His primary goal of a successful premarital counseling session is to make sure the parties understand what their responsibilities to each other are, and why—and how they can use that information going forward to have a more productive and healthy relationship with each other throughout their marriage.

California Courts and the Best Interests of the Pet Standard

It is not unusual for a divorcing couple to want to apply standard child custody rules to their pet—after all, to many people, pets are considered members of the family. And although the law does not formally recognize pet custody rules, in California, courts do consider the best interests of the pet when resolving a dispute over ownership.

However, there is no set formula for how a judge is supposed to determine what exactly is in the best interests of the pet. While it may seem to be in the best interests of the pet to share time with each owner 50/50 going forward, this might not be the best outcome for the pet for many different reasons. For example, the pet could be overly anxious and have trouble with the frequent transitions between the homes, or the parties could end up moving far away from each other, making this type of arrangement unrealistic to maintain.

Because pet ownership and custody laws are an emerging area of law in California, Neil makes sure to remain up to date regarding changes and proposed changes impacting these laws. He also regularly consults with experts in animal behavior for his cases that would benefit from this expertise. Neil understands that pet parenting issues and disputes present very real conflicts between divorcing couples, as well as unmarried couples splitting up who share a pet and deserve the same attention and focus as any other issue brought before the court.

California’s laws are currently very favorable to pet owners in general, and the courts in this state are coming around to recognizing just how important pets are. In some divorce cases, the biggest conflict the parties have is over who will retain ownership of their pet going forward. Throughout his time in practice, Neil has successfully guided multiple couples to work out agreements regarding pet ownership in the best interests of the pet, often resulting in major progress in the finalization of their divorce agreement as a whole.

A Unique Approach to Pet Parenting Conflict Resolution

Neil’s understanding of pet psychology is a great asset in helping his clients resolve pet parenting disputes, particularly in mediation sessions. One of the experts Neil brings in to help divorcing or separating couples resolve disputes over pet ownership is an animal behavioralist, who also happens to be a mediator. This type of expert can be extremely useful in a high energy or high conflict type of case because they can provide specific insight regarding the needs of that particular animal. Overall, it is important for the parties to keep in mind that the needs and interests of animals are different from people, so the best interests of animals need to be evaluated on a different scale.

Neil has found that in many of the cases he has handled involving pet parenting, his ability to prioritize and provide advice and assistance to his clients to directly resolve these disputes actually results in a significant impact on the divorce outcome overall. For example, in one case in which Neil provided mediation services, a couple had great difficulty agreeing on a custody arrangement for their two (human) children. Over the course of the virtual mediation session, their dog made a few appearances, leading to Neil asking some questions about their pets and learning that the biggest conflict between the couple was actually about custody of their pets. Once they resolved that issue, everything else fell into place and was resolved shortly thereafter.