Dec 12

If you live in South Carolina and you are going through a divorce you need to hire an experienced divorce attorney because you will need legal advice. Hiring an experienced and dedicated attorney is the best option if you are looking at paying alimony, fighting for child custody, and much more. There are five grounds for divorce in this state, as well as jurisdictional and venue requirements.

When you hire a family law attorney for a child custody issue you are making a good decision. There are multiple factors that courts look at when considering custody which an attorney can help you with. The court process can be very stressful on children as well as the parties. When you use a professional staff experienced with divorce they can help you understand the court process and advise you of your rights throughout the entire process.

When you are going through a divorce you may have problems with mediation and agreeing to certain things in the divorce like the amount of money you have to pay or should receive for alimony and child support. You might feel you deserve custody also. Mediation is when you will sit with a court appointed professional staff that will try and make the both of you come to agreements about the divorce. Mediation is required in many South Carolina counties in divorce, child custody cases, alimony and property division, as well and other states around the nation. An attorney can help you work through agreements and possibly bypass the mediation process in the courts. Alternately if you hire an attorney who also a certified mediator, you get the benefits of both legal advise and/or mediation services, depending on your needs.

Hiring a family law attorney can help you come to agreements with your spouse during the divorce process. You do not want to fight and be bitter through the process because it can cause you to lose rights. However, if one of the parties is impossible to work with then the judge may recognize this. An attorney can help make the process more fair when it comes to alimony payments and if you even have to pay anything, child support and visitation and more.

Consulting with an experienced attorney when you are going through a divorce, legal separation, child custody, child support, adoption, alimony or property division in South Carolina is the best option you can chose. You need to consider a family law attorney because the entire process can be too stressful to endure on your own and you may lose valuable grounds by waiting. The consultation allows you to gather sufficient information to protect your family and find out your rights. Finding an experienced and dedicated attorney will help you ensure the outcome is fair and at the best interest of the child. An attorney can help you calculate alimony payments if you should have to pay them, get the most time in visitation or even full custody, and help with mediation. You need a professional staff to work with you through the entire process. It can even help to speed up the entire process by coming to agreements with the other party.



By: M. Rita Metts

Tagged with:
Oct 24

A successful mediation for the parties is one in which they resolve all their disagreements and proceed to an uncontested divorce hearing. Benefits of a mediated divorce settlement agreement include lessening emotional and financial stress, and an agreement both parties can live with because they are the one who chose the resolutions of their issues.

This checklist will help parties avoid forgetting important issues and information during the mediation. Ideally, you have met or spoken with your family mediator prior to the date of mediation and provided some of this basic information. Regardless, it is always a good idea for you to have these with you, even if you will be attending the mediation with your attorney and have previously provided these items to him or her:

1. Have basic information with you, including date of marriage, and the following documents for easy reference during the mediation:
a list of real and personal property and what you believe is the fair market value of it; debt, including credit cards, mortgage statements, etc., and the balances on each; investment accounts, including retirement, pension, IRAs, and regular investments, and the balances of each bank account (both checking and savings-If you and your spouse have children, include college accounts, doctors’ bills, etc. (Note: child support calculations are made based on your income recent pay stubs-it’s a good idea to bring at least at the last 3 months worth of pay stubs); health insurance information, including the cost for one, and the cost of health insurance for the children alone if you and your spouse have children from the marriage; any other document that is important to you and you wish to discuss with your spouse.
2. A list of the things and questions which are important to you to talk about and resolve.

3. An open mind. Regardless of what has taken place before this point, no one can change the past, including the mediator. It is best to look to the future and what you want to come out of the mediation so that you can evaluate the alternatives discussed during the mediation.

4. Be on time for the mediation. Even if your divorce mediation has been scheduled for the entire day, being on time will let you take advantage of every minute.

To download a mediation guide related to divorce visit http://peacefulfamilyoptions.info

© 2008 Vivian Rodriguez

By: Vivian Rodriguez

Tagged with:
Sep 13

If you are reading this, then you are probably either thinking of filing for divorce — or have a feeling that your spouse may be filing for divorce — whether you want to separate or not.

One of the common questions that an individual going through the divorce process asks is “What is a Divorce Mediation?”

Mediation is a process which allows both you and your spouse to maintain control over your destiny and the terms of your divorce settlement. Both parties and attorneys attend either a four-hour or eight-hour mediation, depending on the complexity of your case.

Is the Mediator a Lawyer?

Although some mediators are social workers, most commonly the mediator is a lawyer who acts as a neutral person to help you settle your case.

How is the Mediator Chosen?

The mediator is chosen and agreed upon by the attorneys. Every Family Law attorney has a “short list” of competent mediators who specialize in family law with whom we are familiar, whose style we are comfortable with, and who we have found to be effective, particularly considering the individual aspects of your specific case.

What is the Role of the Mediator?

The role of the mediator is to facilitate an agreement between the parties to prevent the necessity for a trial.

Can What I Say Be Used Against Me Later?

Everything said during mediation is confidential. The mediator cannot be made to testify in court if a settlement is not reached. The mediator will only report one of two things: “settlement”: or “no settlement”.

Further, you and your attorney will advise the mediator what you do or do not want shared with your spouse and your spouse’s attorney!

How Does This Work Exactly?

Procedurally, you and your attorney will remain in one room, while your spouse and his or her attorney stays in a separate room. The mediator travels from room to room conveying each side’s offer and/or counteroffer.

Sometimes, the parties mediate by all being in the same room together. This is common if your mediation is taking place at a county dispute resolution center.

Law Office of Marilyn Gale Vilyus

Attorney/ Mediator

16151 Cairnway Drive Ste. 210

Houston, TX 77084
281-550-6650

http://www.westhoustonattorney.com

Not certified by the Texas Board of Legal Specialization.

This article is designed for general information only. This information is not intended to be legal advice. Consult an attorney for before making any legal decisions based on your individual circumstances.

By: Marilyn Vilyus

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