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Family,
Alternative Dispute Resolution

Nov. 9, 2013

Don't tread on the right to opt out of adversarial litigation

Should divorcing spouses who mediate their case have the right to opt out of procedural requirements that are an integral part of the adversarial system?

Franklin R. Garfield

Garfield & Tepper

Email: frank@frankgarfield.com

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Should divorcing spouses who mediate their case have the right to opt out of procedural requirements that are an integral part of the adversarial system?

California law mandates full disclosure of the parties' assets, debts, income and expenses in all divorce cases. Pursuant to Family Code Sections 2104-2106, the parties are required to complete and exchange both a preliminary and a final declaration of disclosure, covering a schedule of assets and debts and an income and expense...

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