TDC Family Law
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact

​Do we need to go to court to set up a spousal or child support agreement?

It is not necessary to go to court


The short answer is no, you don’t have to go to court to have a spousal or child support agreement.  Going to court is usually the last step after all other avenues of talk and negotiation have failed to achieve an agreement acceptable to both parties.

Several alternative dispute resolution processes do not include the courts at all.  Alternative Dispute Resolution processes include:
  • Divorce Mediation
  • Divorce Collaboration
  • Parenting Coordination
We have spoken about all of these processes separately and the pages, found here, here, and here, are work reviewing to get a detailed description of each.

Agreements can be made through mediation


Briefly, Divorce Mediation is when the divorcing couple meets with a mediator without legal representation present during the negotiations to work through all of the aspects of the divorce.  The mediator is acting neither as a judge nor a legal representative.  Their job is to help the couple discuss and agree on the division of property, custody of the children, spousal support, and other issues.  The benefit of mediation is to retain control of your unique circumstances and create an agreement that works for you.

Just because there are no attorneys present during the mediation sessions, it is still a good idea to meet with a family law attorney, who can also act as a mediation coach to ensure that you are ready for the negotiations and are clear on the process and which areas you are willing to compromise and which areas you are ready to stand firm on.

Collaboration is also an option

Divorce Collaboration is another way to move away from an adversarial process to one where the power remains with the couple.  Collaborative divorce does utilize attorneys, but the goal is to work through issues in a productive, problem-solving environment as opposed to the fight and win setting of a courtroom.

Parenting Coordination is the process of working out details specifically related to child custody, support and developing a parenting plan, which lays out parenting time, vacation planning, and other details involving the children.

Many couples are moving toward these non-confrontational ways to get through their divorce.  Most people realize that in most cases with children, both parents are going to be active in their children’s lives, and even after finalizing the divorce, the ex-couple will still be involved in each other’s lives due to the children.

Coming to the terms of a divorce through alternative dispute methods can help to keep the animosity to a minimum.
Alternative dispute resolution is not for everyone, and there are times when you want the power and enforcement of a judge’s ruling, such as if there have been issues with physical or emotional abuse, or if there are other issues such as a parent with a drug or alcohol addiction.
​
Even without these sorts of major issues, sometimes alternative dispute resolution does not lead to a working solution.  In those cases, you may very well end up in court, but as you can see, that is usually the last option.

Search TDC Family Law

Find us on FACEBOOK
Find us on GOOGLE
10.0Tracy Duell-Cazes
Tracy Duell-CazesReviewsout of 10 reviews
Law Pay Logo
© 2021 TDC FAMILY LAW  All Rights Reserved.
Disclaimer - Privacy Policy 
1530 THE ALAMEDA, SUITE 108
SAN JOSE, CALIFORNIA 95126
TEL: 408-267-8484/FAX: 408-267-8489
www.TDCFAMILYLAW.COM


Santa Clara County/San Mateo County San Jose, Santa Clara, Cupertino, Los Altos, Sunnyvale, Los Gatos, Monte Sereno, Saratoga, Palo Alto, Morgan Hill, Gilroy, Redwood City


DIVORCE/CHILD CUSTODY/CHILD VISITATION/CHILD SUPPORT/SPOUSAL SUPPORT/PERSONAL PROPERTY AND REAL PROPERTY DIVISION/CONTEMPT/MODIFICATIONS/DCSS/COURT APPEARANCES/PRIVATE SETTLEMENT JUDGE/EX PARTE MOTIONS/DOMESTIC VIOLENCE/RESTRAINING ORDERS/BUSINESS MATTERS/CONSULTING ATTORNEY IN MEDIATION/ REGISTERED DOMESTIC PARTNERS (RDP) AND SAME SEX MARRIAGES
Website updated and maintained by Boxer Media Services Corp.
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact