Family Attorney » Divorce Mediation

Divorce – Rates Up, Attorneys In Demand

admin — Tue, 23 Mar 2010 11:27:42 +0000

Unfortunately, divorce is one of the harshest circumstances facing families today. In the past few decades, the divorce rate has skyrocketed. Much of this increase in divorce has been attributed to the strengthening of women’s roles in the modern world. Other factors have contributed to the rising rate of divorce among both first and second marriages, not all of them revolving around the female.

Divorce is very often the result of poor decisions made in one’s formative years, and for some, the divorce is the only suitable outcome for the marriage. If you are facing an impending divorce, know that a plethora of information on divorce and legal help exist out there to help you through what may be the most difficult time of your life.

Since men and women have been joining together to create families and procreate, the idea of divorce dates back as far. It is only in the recent past, though, that divorce rates have begun to climb. It used to be quite taboo to think about proceeding with a divorce. In many cultures and religions it was, and still is, strictly forbidden. The times have definitely changed, and in some communities, divorce is more the norm, with unbroken homes being outnumbered.

While divorce is not an easy process for either party in a failing marriage to pursue, if you have decided to follow this path and are seeking to divorce your spouse, the best thing to do is secure an appropriate divorce attorney. Hire a divorce attorney from the start to ensure that you have an objective and wise professional to represent you and see that you are treated fairly. Good legal advice can get you a long way. Your divorce attorney may be a mediator between you and your soon-to-be-ex-spouse if it comes down to divorce mediation, and can communicate with him or her during those times that it does not feel possible for you to do so.

Your divorce attorney [http://lasertargeted.com/divorceattorney/needed-divorce-lawyer-advice.html] will guide you through the legal system. This attorney will provide you with all the information you will need to get through the beginning of the divorce proceedings until the end, with things hopefully concluding in your best interests, and your children if applicable.

Of great assistance to you emotionally will also be the legal help you get from your divorce attorney throughout the divorce process. It may be that those who befriended you as a couple may choose to abandon you for the other party, when you go through a divorce. You may find that your divorce attorney may be not only a fountain of knowledge for you, but a support beam to lean on.

In addition to your divorce attorney, many communities offer support groups and counseling services for those under the strain of divorce. There is a wide variety of help out there for you and your family, and the first step in healing is to seek it out.

By: Kathy Hildebrand

Reasons To Use An Experienced And Dedicated Family Law Attorney In South Carolina

admin — Sat, 12 Dec 2009 11:36:32 +0000

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

Divorce Mediation – A Checklist For The Day Of Mediation

admin — Sat, 24 Oct 2009 14:16:17 +0000

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

Houston Divorce Lawyer – West Houston Attorney Answers Common Questions About Mediation

admin — Sun, 13 Sep 2009 12:56:42 +0000

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

Empowering Women – How to Take Care of Yourself During a Divorce

admin — Mon, 24 Aug 2009 01:34:29 +0000

If you are female and either considering a divorce or already going through the process, then you need to read this article. Why? Because divorce is an emotional process to a business-like decision. Whether you have been married for 6 months or 40 years, you invested much of yourself emotionally. You probably entered this marriage believing ’til death do you part. Suddenly, you realize your life may not be including this person any longer.

This can be overwhelming. You may experience feelings of anger, confusion, disbelief and/or grief. This is to be expected, but you can overcome it. You can learn to empower yourself and make the best of a difficult situation. You are going to have to make decisions, some of which can cause strong emotions, like splitting up assets, considering who will get the house, and dealing with child custody issues. These decisions must be made with a clear head and not an overwrought heart.

If you are considering divorce, or even if the divorce has already been filed, you need to take care of yourself (and children if any) first and foremost. I suggest you consult with a financial planner and a family attorney. Even if you choose to take care of the divorce through mediation, you want to be sure your finances are secure upon the completion of the divorce. You want to make sure you know your rights. These professionals can be an asset when making decisions, which will ultimately effect your future.

If you find the need to hire an attorney, consult with them for legal purposes only. Too often, I hear of women who turn to their attorneys every time they argue with their spouse, crying on their shoulders (literally and figuratively) and seeking emotional support. What many don’t realize is every time the attorney is contacted, they are charging you, regardless of the reason. This can lead to huge attorney fees, which will be taken out of your part of the settlement. If you need support, seek out the aid of friends and family. If you do not have a good support system in place, seek counseling or a women’s support group. Use these outlets, as they will be more beneficial and less expensive than an attorney for this purpose.

Counseling can be beneficial during this time. A good therapist can be objective, while you deal with the strong feelings you’ll experience, which cloud your judgment. A counselor will also help you process the lifestyle changes you’ll ultimately have to deal with. A couple of concerns some women have voiced include the ability to pay for counseling during this time and the confidentiality of their records.

I suggest you pay for the therapy out-of-pocket. You may be asking, “Well, if I have insurance, why wouldn’t I want to use it?” You can use insurance and have every right if you so choose to do so; however, there are possible negative ramifications of using insurance benefits. First, your counselor will have to determine if you meet the criteria for a mental disorder diagnosis to be able to use your insurance, as panels require “medical necessity” to be authorized for benefits. If you do qualify, that mental disorder diagnosis will be submitted for every session to the insurance company. If your divorce isn’t amicable or if your spouse is being vindictive, he and his lawyer may attempt to subpoena any records to win their case. Would you want them to obtain these records from the insurance company? This transitions into the confidentiality aspect of paying out-of-pocket.

By paying your counselor directly, the paper trail is eliminated. Your counselor does have to keep records by law, but those records are kept confidential and can only be released with your permission, by a court order or by imminent emergency, such as suicide or child abuse. So, the chance of your spouse learning of your counseling will only occur if you divulge such information.

The next question might be, “I want to pay out-of-pocket, but I can’t afford it. What can I do?” Counseling does not have to break the bank. You can go to various counseling directories and look for a counselor who falls within your means, such as on PsychologyToday.com and Counsel-Search.com. If this still seems too high, you can contact your local County Mental Health and ask for local community resources. Most communities have low-cost counseling centers, where pre-licensed counselors, under supervision of a licensed professional, can provide quality services.

Remember, divorce is a business decision with emotional impacts. Don’t let your emotions hinder your ability to take are of yourself and your children. Seek the support you need now and end up in a better place when the divorce is finalized.

By: Jodi Blackley

Divorce Mediation – 10 Signs it May Not Work For Your Divorce

admin — Thu, 20 Aug 2009 10:36:53 +0000

Sometimes a little bit of humor can help us put things in perspective and relieve a little bit of tension in a given situation. Mediation is a great tool to resolve divorce issues, but it doesn’t work in every situation, especially in a situation where the parties are set on a particular outcome.

With that in mind, I offer you a list of 10 signs why mediation may not work in your divorce. While some of these 10 signs may seem silly, they all contain a grain of truth which can make mediation a useless pursuit for the parties. They can reflect a particular state of mind that is not really conducive to negotiating and reaching a divorce settlement agreement.

I use the second-person singular pronoun, “you” for the purpose of clarity. But “you” can be your spouse, not necessarily you. These are not in any particular order, although the first one is very real.

1. You want to win-no matter what the cost may be. This can be a financial as well as an emotional cost.
2. You and your spouse can’t agree on what day it is, much less sit down to talk civilly with each other.
3. When you ask each other a question, the answer is “talk to my lawyer.”
4. You think mediation is for pansies and weak-willed people. Examples of famous people who easily dispel this fantasy, and who engaged in mediation or negotiation, include Madonna (in her recent divorce), and baseball player Alex Rodriguez.
5. You think negotiating is a sign of weakness.
6. You think there is only one solution to a problem.
7. You think “My Way” is a lifestyle and not just one of Frank Sinatra’s signature songs.
8. You think “The War of the Roses” is a fictional movie. It is a fictional account until you remember a particularly horrific news item in your local newspaper.
9. You’d much rather subsidize your lawyer’s country club fees than split any assets with your spouse.
10. You’re stuck in the past. Your focal point is not the present or future, with a view to finding solutions.

If none of the above are present in your divorce, or are not really pronounced, then perhaps mediation may be an available alternative to a contested divorce. For information on mediation, get a copy of Your Divorce: Take Control of the Outcome a free guide.
© Vivian Rodriguez

By: Vivian Rodriguez