Entries in the 'Mediation' Category ↓

With any legal case comes the possibility of a lengthy and expensive situation. Many people struggle with the decision on how to pursue their case and it’s important to always consider every factor before continuing with any legal action, especially when your cases involves family law.

Don’t underestimate how long a case takes.

Family court hearings are generally designed to be very short, but trials can take as long as months to be complete. In general, hearings are held on issues – like temporary child support and custody issues – that need to be resolved immediately and can’t wait until trial.

Be aware of all fees.

If your family law case is set to go to trail, don’t assume that you’ll only have to pay legal fees for the days that your lawyer actually spends in trial. With divorce cases especially, your lawyer will need to initiate a “discovery” phase, respond to the any discovery and then prepare a trial and all related documents.

Note: In general, it takes at least three days of preparation time for every one day of trial.

Court time is limited.

Courts usually have a limited amount of time to deal with family law cases. If you bring your child custody matter to a hearing, the court could be forced to make all decisions based on a small amount of information and a short hearing.

It’s important to take the time to figure out what’s best for you and your family, especially your children involved. To make getting a settlement as easy on yourself and your family as possible, you need to realize that you’ll have to cooperate and compromise, even if you truly believe you’re morally and legally right in your situation. Make sure to explore all options to sort out your family law matters including mediation, arbitration and collaboration – to name a few.

If you need advice pertaining to your family law situation, contact Wesley Kent Hill Attorney at Law for help and representation.

Wesley Kent Hill Attorney at Law

P.O. Box 79507

Atlanta, GA 30357

Phone: (678) 522-9253

According to Texas law, before anything begins, those who wish to file for a divorce must have lived in the state for six months and in the county where they file for at least 90 days. If this requirement isn’t met, no further actions will take place and no processes will begin.

Filing a Petition

A husband or wife who wishes to a get a divorce in the state of Texas must first file a petition which generally tells the court what you are asking it to do.

Discovery Phase

This is the time the attorneys involved exchange information (i.e. answer questions or come up with necessary documents). In many situations this process is more informal between both parties as the more formal the procedure is the more it will cost those involved.

Mediation

Couples who don’t want to take their case to trial often choose to seek the help from a mediator to help both parties find compromises and agreements. Both sides usually split the cost of hiring a mediator and can decide how things will turn out without the help of a judge.

Some Texas counties require that divorcing couples use mediation before trial, especially if child custody matters are involved.

Arbitration

The process of arbitration is more trial-like in that both sides express their side of the story to a chosen arbitrator and he or she decides what the outcome will be.

If you’re living in Texas – specifically the Houston area – and wish to file for divorce, contact Houston family law attorney Judy Ritts today.

The Law Office of Judy Ritts

8980 Kirby Drive

Houston, Texas 77054

Phone: 713-666-0646

If you are filing a divorce in Orange County or anywhere in California you should be fully aware of how divorce law has evolved and what your Newport Beach divorce lawyer should assist you. When filing divorce in California, it is critical that one makes it clear the grounds on which they are seeking divorce.  Keeping in mind that the grounds presented will have to be adequately supported with testimonies and/or evidence.  If they are not done so to the courts standards, they may dismiss the case all together.  Getting a divorce can drastically alter ones life and for that reason it is critical that you understand the legal repercussions that could potentially occur.

Divorce (aka dissolution of marriage) has undergone many changes over the years in California.  At the beginning divorces could only be granted on one of 2 grounds, adultery or mental cruelty.  Then in 1970 statute no. 2310 passed issuing new parameters for filing a divorce that California divorce attorneys now work with.  Now one may file a divorce in California claiming “irreconcilable differences”.  Irreconcilable differences is defined as “any grounds that the court determines to be a significant reason for the termination of marriage.”

If you would like to consider other options before getting a divorce a legal separation in California may be something to consider.  The state respects the nature of a legal separation and/or nullity of a marriage.  But keep in mind that a nullity can be very difficult to make a case for and that a legal separation is easier to accomplish.  Separation can effetely divide property; provide child support and spousal support in situations that apply.  To learn about all of your options when divorcing in California consult with experienced attorney, Brian a Bayati by calling (888) 339-2915 or email your case using our online submission form.

Michelle Goodwin is a Dallas divorce lawyer who prides herself on personally addressing the unique needs of each of her clients. Ms. Goodwin takes into account the trying emotional circumstances that many clients face when approaching a family lawyer. She realizes that the outcomes of family law and divorce proceedings can have life-changing consequences for her clients.

Dallas Divorce Process

Michelle Goodwin has been practicing as a divorce lawyer in Dallas, Tarrant, and Collin counties since 2003. She has handled divorce cases with varying levels of complexity, from uncontested divorces to those requiring a full courtroom trial to decide issues such as child custody and property division.

Ms. Goodwin also practices Dallas collaborative family law, a progressive approach to divorce that seeks to avoid courtroom judgments and open hostility in favor of cooperation. Regardless of the type of family law issue that you are facing, Ms. Goodwin will handle it professionally and sensitively with your best interests in mind.

Spence A. Singleton

Founding Partner
Phone: (866) 604-9720

Statement of practice

Spence A. Singleton is a respected member of his community in Eclectic, Alabama, where he serves as the City Attorney.  His reputation is the reason why he maintains an active criminal law practice and serves as general corporate counsel to several corporations.  Recognized for his legal ability and active interest in the municipality, Spence is known in Eclectic as the attorney to turn to in times of trouble.

People rely on Spence A. Singleton because they know of his legal experience.  He began his legal career as the Confidential Assistant to Attorney General James H. Evans; from 1991 to 1994, Spence worked on special projects in the Alabama Legislature.  In 1995, armed with a license to practice in state and appellate courts,  Spence entered private practice, where he represented a number of real estate developers and industrial clients in a range of litigation and professional transactions.  Finally, in 2008, Spence A. Singleton achieved a personal ambition and opened his private practice in Eclectic, Alabama.

Spence practices criminal law, domestic relations law, business law, and real estate law.  He is a member in good standing with the state bar of Alabama, the Montgomery County Bar Association, the Elmore County Bar Association, and the Alabama Defense Lawyers Association.  Also, our services include estate planning, wills, and representation in divorce,  drunk driving, and probate law cases.


Singleton & Associates, LLC Attorneys at Law
21 Kowaliga Road,
Eclectic, Alabama 36024
334-577-4138
Auburn Divorce Lawyer
Criminal defense attorney in Montgomery

The Buffalo divorce lawyers of the Venzon Law Firm have an interesting approach to divorce cases that differs from some other opinions we have seen out there in the “interworld.”  In an article entitled, “Mediation: The Big Lie,” seasoned family law attorney Catharine Venzon tackles what is often a sensitive and contentious topic.

People seek divorce for many reasons.  Perhaps it’s financial woes, different views on raising children, infidelity, or – they just plain can’t live together.  When two lives have become enmeshed, it is difficult to break away and begin anew – especially when there are children, property, and material possessions involved.

At Venzon Law Firm, a divorce law firm in Buffalo, the attorneys there do not believe in mediation for divorce cases.  Some reasons that are cited are:

• Mediators often charge as much or more than lawyers
• Mediators are not required to keep conversations confidential
• Mediators do not require the kind of strict education and training that attorneys do
• They are not required to interview witnesses or verify facts
• There are no standards which mediators are required to follow by law
• No investigatory work in done by mediators to ensure that the case is settled fairly

Because the core of mediation consists of he said/she said arguments, some attorneys feel the end result can be highly detrimental to both parties.  A divorce lawyer puts a lot of time and effort into ensuring a fair agreement for the parties involved, with the education and experience to interpret the law and reach a resolution.

Mediation-Alternative Dispute Resolution in NJ Divorce Cases

Many separating couples walk away from each other with hard feelings, regrets, anxiety, and anger.  These are not the best feelings to have when you have to negotiate a divorce settlement.  That’s where a mediator can become a valuable tool in creating a reasonable and agreeable separation agreement. 

What is mediation?

Mediation is a cost-effective way for both parties to come to a mutual agreement on separation issues such as alimony, child custody, child support, visitation, debt division, and asset distribution.  The couple can choose to meet with a NJ licensed mediator (usually an attorney or psychologist) in anywhere from two to four hours.  At the end of the sessions, the agreement reached on these issues can be given to a divorce attorney of one of the spouses to begin preparing the separation agreement paperwork.

Mediator vs. Attorney

Even though your mediator may be an attorney, you still need to eventually get a divorce attorney.  The mediator is a neutral party and it would be a conflict of interest for he or she to then take on the divorce lawyer role.

How to Choose a Mediator in NJ

I have researched mediation and divorce laws in New Jersey for my job during the past nine months.  When it came time for me to enter the turbulent waters of divorce, I decided to practice what I write.

I asked trusted colleagues and other attorneys I know whose expertise does not include family law.  I had three mediators to choose from.  Two of the mediators were local attorneys in Morris County, while the third mediator has a background in child psychology.  I asked if the mediators offered a free consultation.  Two mediators did.  The third mediator spoke with me on the telephone for about 15 minutes.  Although I felt comfortable speaking with her, she did not offer a free consultation.

My husband and I met with one of the mediators andI learned many questions we would need to address before we actually sat down and prepared the agreement.  I found out that I am entitled to alimony, and child support is calculated by a formula and not really emotions like I thought.  I noted all the information the mediator asked us for, including the items on the next list. 

Information to Provide a Mediator

• Name and alias
• Date of birth and social security number
• Date and place of marriage
• Current Address
• Name and address of employer and previous employer
• Net monthly salary and gross yearly salary
• Highest salary earned in the last five years
• Education
• Children’s names, ages, disabilities if any
• Future needs of your children.  For example, college, if emancipated, etc.
• Ideas for the type of custody and visitation arrangements
• Assets
• Debts
• Medical insurance, life insurance, and car insurance information
• Legal proceedings

The mediator then discussed with us his qualifications and fees.  He predicted our case would take four hours to mediate.  What turned us off with this mediator was the very high retainer he asked us for.  Not that cost should always be a determining factor when choosing a mediator, the retainer alone was $5,000, well beyond our budget.

The following week we met with the second mediator.  I had all the information that the first mediator asked us to provide – neatly typed and categorized.  This saved us about an hour of questions.  We had already predetermined what our custody arrangements would be so when we met we were very clear with our ideas.  He spent an hour with us and said he predicted our case would take about two to three hours but he did not require a retainer.  We were very much at ease with this mediator and chose his firm.  He gave us tasks such as creating household budgets.  Then, with these budgets in mind, play with the numbers until the money is balanced for both parties.  For example, if one spouse receives alimony and child support, the balance after the budget should be almost equal for both parties. 

We recently met with the mediator with our budgets in hand, our needs, ideas for the kids, and divided our debt and assets almost down to $1,000.  The entire process took about two hours, and we were offered the choice of either bringing all the information ourselves to a divorce lawyer, or for him to draft a Memorandum of Understanding.  I chose to present the information myself to my divorce attorney.

To be continued.