Frequently Asked Questions

Mediation FAQs

  • Agreements made in mediation become legally binding when they are formalized and submitted to the court for approval.  

    Lea M. Nemeth is a California licensed attorney who can prepare the documents required to be submitted to the court for approval so that your mediated agreements will be legally binding.

  • If mediation does not result in an agreement, the parties can still pursue other legal options, including litigation. Mediation can be a valuable step even if it does not resolve all issues, as it can clarify disputes and streamline the issues that need to be addressed in court.

  • The duration of mediation can vary depending on the complexity of the issues and the willingness of the parties to negotiate. The process is generally quicker than the litigation process.

    Keep in mind, however, all California dissolution matters are subject to the 6-month waiting period pursuant to California's Family Code section 2339(a) - meaning that the earliest a California dissolution can be finalized is 6 months and 1 day after Respondent was served with the Petition for Dissolution.

  • No. While Lea M. Nemeth is a California licensed attorney, in her position as your family law mediator, she does not represent either parties' individual interests, and she is not retained as either parties' personal attorney.

  • No, having your own attorneys is not a requirement for mediation, however, it can be beneficial.

    Should you choose to hire a personal attorney, they can provide individualized legal advice, help you understand your rights, and review potential agreements with your best interests in mind - as opposed to the mediator who remains neutral. Some parties choose to have their attorneys present during mediation, while others consult with them separately.

  • Mediation relies on both parties' willingness to participate in good faith. If one party is not cooperative, the mediator can work with both parties to address any obstacles and encourage constructive dialogue. However, if mediation proves unsuccessful due to lack of cooperation, the parties may need to explore other legal avenues to resolve their disputes.

  • We are currently accepting mediation cases that will be filed (or have already been filed) in Santa Clara County, and we will soon be accepting cases in San Diego County.

    The Legal Marital Counseling Seminar is appropriate for any person living in any county in the State of California.

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Marital Counseling FAQs

  • No. In my experience as a family law attorney, I have found that most couples do not understand the laws they are agreeing to when marrying. Surprisingly, there are many laws that apply to married couples that have nothing to do with dividing property upon divorce! 

    The goal of this seminar is to explain the complicated marital laws in California to help prevent misunderstandings and conflicts in the future.

  • No. This Legal Marital Counseling seminar is designed to benefit all persons living in California that may at some point in their lives be subject to California marital laws. Whether you are single, planning to get married, or are already married, having a strong understanding of your legal right and obligations under California law can help you make informed decisions about your future.

  • Yes! You are welcome to attend alone or with your partner.

  • No. While this seminar will cover how marital agreements can impact couples and may assist in deciding if a marital agreement is appropriate for your situation, each individual should obtain their own attorney to negotiate a prenuptial agreement if you believe that is right for you.

  • The seminar is 60 minutes long, which includes time for Q&A. 

    The cost for the seminar is a flat fee of $350.

  • Yes! Legal Marital Counseling will benefit anyone who may be subject to California marital laws at any point in their lives.

    This seminar can be designed for everything from a Professional Development course to a Girls Night. The legal information is the same, but the presentation will be appropriate for your needs.

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