To put this amount into perspective, a typical retainer paid to a divorce attorney (by one spouse) is $2,000 (or more); which means, if you both retain an attorney the starting price will likely be at least $4,000. The sticker shock gets worse when you consider that many sources indicate that when each spouse is represented by an attorney the average US divorce costs around $15,000. This same research indicates that divorce mediation in general is between 20-50% cheaper than the traditional adversarial legal process.
Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, North Carolina requires couples to attend mediation before a child custody trial and equitable distribution trial.
Another important tool for a parent whose child has been taken or hidden is the Federal Parent Locator Service (FPLS). An attorney must ask the court or county attorney to request FPLS assistance. The court or county attorney can apply to the FPLS for assistance in locating the missing parent. The FPLS is a computer search using the Social Security number of the missing parent to find home and work addresses for that parent. You must have the correct Social Security number in order to use the FPLS.
When it comes to divorce in Minnesota, it’s important to know that the state favors “equitable distribution.” This simply means that all assets are divided equally among both parties regardless of either party’s wishes. Sometimes, though, this doesn’t necessarily mean that “equitable” will be equal. Rather, the word fair is more the proper term to be used when dealing with property distribution.
The length of time to complete a divorce depends upon several things. If both sides reach an agreement or if one spouse never responds to divorce papers, a divorce doesn't take much time. If both sides can't agree, then the judge has to decide. In this case it will take much longer because the court will need to gather information and schedule time in order to make a fair decision. Gathering information might mean having a custody evaluation done or getting financial information.
During this stage, the mediator may first begin to discuss the general legal rules that might apply to your case. This can include the laws of your state dictating how a judge would divide your assets and debts, how child custody and child support would be decided, when and how alimony can be ordered, and laws dealing with related issues like taxes and life and health insurance. This general legal information will help you decide how to approach the issues in your case.
Divorce can be a difficult and stressful process, even in amicable situations. Navigating the maze of legal issues is confusing for many separating couples. To make matters more complicated, there few hard-and-fast rules and rarely any black-or-white answers. Instead, the outcome of important matters such as property division, alimony and child custody hinges on the unique circumstances of your family.
To sum up, these misconceptions about divorce mediation really highlight some of the many advantages of mediating your divorce. Because the format is highly adaptable and collaborative, the parties will be supported and assisted in working cooperatively to resolve their issues. Through the process, they will make agreements that they choose to live by and will be best prepared to go forward in a productive and positive manner. Best of all, they will have avoided the expense and stress of a long, protracted court battle. In the end, almost every divorce case is suitable for mediation despite these common misconceptions.
Finally, parties may agree to continue child support past the statutory termination date. When this occurs, it is usually based on a mutual desire to support a child through college. Although the Court lacks jurisdiction to order child support beyond the statutory termination date, the Court does have jurisdiction to enforce a binding stipulation of the parties which provides for that.  If I am representing the obligor, I normally advise against this, because one can always support the children through college if one so desires. There’s no reason to get the Court involved.
Most children of divorce exhibit signs of emotional, psychological, behavioral, and social distress. Many have significant adjustment problems and show lower academic achievement when compared with children from intact families. According to one study, 37 percent of children from divorced homes were psychologically troubled and manifested moderate to severe clinical depression, even five years after a divorce. And children deprived of frequent access to their fathers tend to show diminished self-esteem, lasting many years after the divorce.
Eric graduated magna cum laude from Macalester College in St. Paul, MN in 1990. In 1994 he received a Doctorate of Law (JD) degree from the University of Minnesota. Following that, he spent the next two years as a judicial clerk for the distinguished Honorable Lois J. Lang, Judge of District Court, with a workload that primarily involved the drafting of divorce decrees, orders, and legal memoranda on a host of issues pertaining to divorce, child custody, child support, visitation, spousal maintenance, distribution of marital and non-marital property, valuation of property, domestic abuse and harassment, and the like....
Most courts give parents the opportunity to work with independent evaluators soon after the case is filed to see if they can reach an agreement about custody, parenting time, money and property. The two types of ENE are: Financial ENE (FENE) to settle financial disputes and Social ENE (SENE) to settle custody and parenting time issues involving their children.