Many of those who have successfully gone through divorce mediation note it is a much less expensive alternative to litigation. The costs of litigation are generally an unknown until the case settles. At that time the spouses may be shocked at the level of fees they have incurred through attorney’s fees, expert witnesses, depositions, preparation of the case for trial, filing motions back and forth and many other things associated with divorce litigation. Mediation, on the other hand, allows couples to have a good estimate of the number of hours it will take to resolve the issues at hand. The ultimate goal of mediation is to resolve the issues quickly, and this translates to financial savings.
Amy provides resources for small and medium size businesses needing to handle conflicts in a cost effective and timely manner. With experience of 22 years working at a Fortune 10 corporation, Amy brings her skills of negotiation, strategic planning and personal connection to resolve any conflict to resolution. Most importantly, Amy finds ways busin ... more
I treat all parties in negotiations with respect. My goal is not to create winners and losers but to use my creativity, my empathy, and my knowledge of the law to create win-win solutions to the practical problems posed by divorce in a cost-effective way. This approach to reaching divorce agreements avoids the high costs, delays, and interpersonal conflict and stress that are inevitable in litigation through family law courts. As a Springfield divorce attorney mediator, I prepare the legal papers and Massachusetts divorce forms reflecting your decisions so that a judge can approve the separation agreement and issue the divorce decree.
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.
Unless your lawyer thinks it's important that you be represented, try the first session without your attorney. (If your spouse is insisting on having an attorney present, you'll want to do the same.) If you're not represented, but you've asked a lawyer to be your consulting attorney just for purposes of mediation, then you'll likely attend the first mediation session on your own. Either way, if you go by yourself and then you find that you can't state your position clearly or stand up for yourself alone, then consider bringing your lawyer to later sessions.
The only way to force a spouse out of the house where he or she resides is to get a Court Order. If you or your child has been the victim of domestic abuse by your spouse, you can get an Order for Protection immediately, which will bar your spouse from the house. Otherwise, absent an agreement, the soonest you’ll get an order for exclusive occupancy of the home would be with the issuance of an Order for Temporary Relief, which usually takes anywhere from about one to five months to obtain, depending on the county, the judge, and the speed of your attorney.
Although many of Ms. Serwat’s clients reach a complete divorce settlement without retaining an attorney; some need and/or want legal representation. If your situation warrants legal representation or if you simply feel better knowing that you are legally represented your lawyer is welcome to participate with you in the mediation process. Starting divorce mediation without attorneys in no way limits your right to retain an attorney in the future and/or appear in court.
At the end of the petition is a section referred to as a prayer for relief, where the petitioner will indicate in general their desire that the marriage be dissolved, as well as their desires as to custody/parenting time, child support, spousal maintenance, property and debt division, and allocation of attorney fees. In Minnesota, the court may order one party to pay part of the other's attorney fees, based on consideration of two factors, the first being need, and the second being whether one party's conduct has unnecessarily increased the attorney fees of the other party.
When discussing issues concerning custody parental access, think about where your kids will spend most of their time: where they go to school, where they take dance and karate and other extra-curricular activities. Think about whether they have any special needs and how you’ll care for them, how you’ll cover any private school or college costs, and where they’ll spend birthdays, holidays, and special occasions.
Making the decision to part from your spouse is always difficult – particularly where there is money and support involved. While the alimony laws in Minnesota may be difficult to understand, the good news is that you don’t have to go through this process alone. A good first step in requesting alimony is to contact a Minnesota divorce lawyer, who can advocate on your behalf.
Once a marriage is far enough gone, the only remaining question is “How hard is it going to be to untangle our legal and financial lives and (if relevant) sort out custody?” For some couples, separating via mediation rather than litigated divorce has its appeal: Many people don’t want to cast their former spouses in the role of enemy, and mediation is a cheaper, more cooperative, and less adversarial process than a War of the Roses-type brawl.
During marriage, we kept our paychecks, bank accounts, and credit cards separate. How does this affect the division of assets and property if we get divorced? In Massachusetts, all of your assets and debts are considered marital and belong to both of you. It doesn’t matter whose name is on the accounts or credit cards or who paid which bills during the marriage.
In order to make custody determinations the court evaluates the best interests of the children using 13 key factors which are defined in MN 518.17.In addition to being financially expensive, formal custody evaluations are also often highly adversarial and emotionally damaging for all involved, especially the children. In the end, a “victory” is often bittersweet and both parents will have some amount of court ordered parenting time. Rather than seek to prove that one parent is better than the other, it is critical to recognize that both parents are important in different ways – each providing that which can only be given by a mother or a father. You are the experts about your life and your children. You are the best qualified to make decisions about how to restructure your family and parenting time after divorce. As your mediator, I help you evaluate and discuss parenting time options and make child-focused decisions about how each of you will remain significantly involved with your children.
Mediation is confidential and private, as opposed to divorce litigation, in which little privacy is afforded. Whatever goes on in mediation remains private, while grievances aired in a courtroom become part of the court record and are public. Any communications between parties during mediation are confidential with certain exceptions. These exceptions include child or elder abuse or one party talking about a crime they committed or one they intend to commit. The confidentiality of the mediation process allows spouses to speak openly and directly to one another without the fear something they say will be used against them.
If you are proceeding without an attorney, you are well-served to use an experienced mediator with extensive legal background able to address all of the issues surrounding your specific case; if you have a land dispute, you want to have a mediator capable of understanding your concerns and the law as well. If you have a divorce or custody case, you want a mediator with extensive experience litigating these issues.
It is possible to complete your divorce without representation by a Minnesota divorce attorney. However, it is not recommended as this process is emotional and often more difficult than originally expected. A Minnesota men’s divorce lawyer can ensure that your interests are protected during the process as well as give you valuable advice on the overall proceedings.
If you were served with a "Summons and Petition" (you are the Respondent), you should talk to an attorney before you sign the "Answer and Counterpetition," and before you sign a "Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" (which is an agreement with your spouse on how to divide all assets and debts).