Mediator in Family Law Cases

Trained licensed social workers, psychologists and attorneys can be mediators in family law cases. If you seek professional help from these attorneys or trained personnel, ask if he can help you to mediate with financial issues such as support and property or with custody or parenting time disputes because some attorneys may not mediate since they have different specializations. It is best to ask first before hiring them.

Kinds of Law Cases That Are Mediated

Different types of family law case may be mediated such as disagreement over custody of minor children, parenting time with minor children, child or spousal support or allocation of debt, and distribution of properties. The concerned parties may call a mediator to help them settle their disputes (with or without their lawyers). Mediation can be done whether the parents of the child are married or not and it is also available to settle grandparent visitation disputes.

The Cost of Family Law Mediation

The cost of mediation in family law cases differs from one county to another and it is case to case basis. Some counties provide free mediation services through their Department of Family Services as long as the case is filed in that county. In other counties, they provide mediation services but the parties will pay an additional amount to their filing fee to meet with a mediator who has a contract with the county to provide mediation services. The professional fees vary greatly. Some services will ask for lesser amount or make it pro bono cases especially for low-income earners. Private mediators charges differently.

The Procedure in Family Law Mediation

In some counties, when the petition is already filed, the parent or the complainant must tell the court that there is a dispute over parenting time or custody over a minor child. It is necessary for the parents to attend mediation orientation session, a parenting class and to see a mediator. If one of the parties believes that he/she will be expose to violence or intimidation because of the mediation, then the mediation can be structured to reduce the danger or the requirement for mediation might be not claimed.

During mediation, each party is encouraged to provide information to the mediator before the mediation session starts to help the mediator resolve the issues. Oftentimes, lawyers for the parties do not attend the mediation if it is the county’s mediator, but can attend if it is a private mediator. If both parties agree, the lawyers may attend their mediation session.

At The End of the Family Law Mediation

When the mediation reached an agreement on issues on custody and parenting time, the mediator will usually make an agreement that the both parties will sign. It will be presented in court for approval. If financial and support issues are involved, then the mediator will provide a memorandum of agreement, that both parties will give to their respective lawyers for them to complete the necessary documents for court approval.

However, if the controversy is not resolved in mediation, then the case proceeds to a trial before a judge. The court will decide on the issues because anything that was said in the mediation process was confidential. If an agreement reached in mediation, the mediator may be called to testify about the terms of agreement.

Nonetheless, when you signed up to be a parent you knew that meant that you would do whatever it took to be the best mom or dad that you could be to your kids.  So, it is time to get real about what that is going to take in your new circumstance.

The key to effective co-parenting is that you put aside your feelings (at least in the presence of your children and when dealing with your ex) and you genuinely try to focus on the truly important issue of the day:  how best to help your kids deal with the divorce and move on. No one says it is an easy task, but it is definitely important enough to make it a priority.

The Loving Your Child Blog had a great post entitled Parenting After Divorce: Tips From a Divorce Lawyer that gives some excellent ideas on how to take care of your kids in this situation.

Let us know what you think about that post and if you have personal co-parenting experience that you thrived or struggled with let us know in the comment section below.  We would love to hear about it.

Divorce

Divorce is one of the main sectors that come under family law. A divorce proceeding are guided by state laws. Thus, divorce laws vary from one state and jurisdiction to another. Some of the legal issues related to divorce include alimony or spousal support, child custody and visitation, child support, distribution of marital property.

Of course, not everyone lives in Philadelphia.  If you live somewhere in the heartland of America then you still might need help.  Let’s say you need a Peoria divorce lawyer, then this website can help you.

Domestic Violence

Domestic violence may be generally classified into physical hostility and mental torture. A family law attorney may be able to help a person understand whether the case is suitable to be treated as a case of domestic violence. A family lawyer may also help the victim file a case, collect evidence to support the claim and seek justice on the behalf of the victim.

Pre-nuptial and Post-nuptial Agreements

Drafting pre-nuptial and post-nuptial agreements as per the guidelines of the state laws and as would be advantageous for their client is the obligation of a family law attorney. These type of arrangements help outline the division of property in case of dissolution of marriage. Moreover, it helps avoid repayment of debts incurred by the spouse and helps keep personal property safe. In general, these agreements create security among spouses concerning financial matters.

Adoptions

Adopting a child is regarded to be one of the most humane acts. On the other hand, it is easier said than done. Adoptions concern a number of legalities. Thus, only a competent legal professional could help you understand the laws that are specific to your state, assess whether you are eligible or not, file for it and take care of all the legal details. With the guidance of the right family law attorney, it is not difficult to achieve your goal of becoming a parent.

Child Abuse and Neglect

The abuse and neglect of a child is considered as serious criminal offense in the United States. In extreme cases, the court of law can take away the rights of the parents over their children and appoint a guardian to take care of the abused child. Only a competent family law attorney who is familiar with the state laws would be able to deal with such cases.

It is always a good idea to consult an experienced family law attorney if you are involved in any similar kind of dispute. Someone aware of the state laws would be able to let you understand the position of the case, let you know your rights, responsibilities and represent you at a court of law. This is the reason why you need a family law attorney who understands the gravity of the situation and treats you with utmost professionalism and respect.

If you are still not certain what direction to take you should check out an excellent post on the advantages and disadvantages of family law litigation.  If gives some great guidelines on whether your situation is one that is the kind that litigation is likely to help.

Family law attorneys specialize in cases involving issues such as divorce, separation, child custody, alimony and adoption. Although any lawyer can deal with a family law case, family law attorneys mainly handle such cases. You can look for a good family law attorney through any methods; however, your goal must be to find the right family attorney for your case. Because of the fact that all attorneys and cases are different, you need to always talk to a lawyer beforehand so you can make sure your lawyer is a good match for your needs.

If you need to find a good attorney who specializes in family law, then you need a person who can look after your interests and the interests of your children as well. These are some of the ways to help you find a good family attorney who is right for you.

Check with Friends and Family

The people you know can be an excellent source to help you look for a family law attorney. Someone you know most probably has been through a similar experience; thus, their advice and support can be helpful to you. Ask if they know a family law attorney that you could talk to. You should also ask how they know the lawyer and what their experience was when the lawyer represented them in a family law case.

The Bar Association

A local or state bar association can be a great source because they will tell you which among their members specialize in Family Law. The bar association should be able to refer you to a licensed lawyer in your area who takes family law cases. Make sure to get a hold of that list. After that, you need to contact the lawyers directly and interview them personally. Usually, your initial visit or consultation is free so that you can learn what services the family law attorney will do for you, their fee structure and other related information you need.

Legal Aid Societies

Your state or county should have a legal aid society. If you find that the cost of retaining counsel is unaffordable, you need to consider contacting your local chapter for help. Some will offer their services for free or “pro bono.” There are also some attorneys who will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a great option.

Research 

Your library has legal directories featuring all kinds of legal professionals, whereas the internet is an excellent resource for accurate and up to date information. Forums, ads and articles can be good sources to help you find attorney related information.

Check the Phone Book

One of the most popular places for attorneys to list their availability is with an old stand by: your phone book. Right smack dab in the yellow pages you will find scores of attorneys featured with all the of their contact information listed, including web sites.

Once you have decided on a lawyer, call the state bar association again and check if the lawyer you have chosen has ever been disciplined or sanctioned.

In Philadelphia, spouses with a lower income have the right and ability to obtain financial support from the spouse who earns higher both during separation and during the course of divorce litigation.  This type of support is referred as either spousal support or Alimony Pendente Lite.  The purpose of Alimony Pendente Lite is to ascertain that both spouses are financially capable to retain legal counsel and pursue a divorce action.  Thus, you may be able to receive support so you can hire your own divorce lawyer if you have limited financial resources

The amount of Alimony Pendente Lite that should be given by the financially superior spouse is based on a percentage of the difference in after-tax income between the two spouses together with other factors such as other support obligations of the higher-earning spouse.  Alimony Pendente Lite may be given even if both spouses remain living in the same house during the separation.  In addition, you may still seek and receive Alimony Pendente Lite even if you have committed a misconduct concerning your marriage such as adultery.

However, the duration of Alimony Pendente Lite is limited.  You may only obtain this type of support until equitable distribution has been concluded and a divorce decree has been issued. As a result, individuals receiving Alimony Pendente Lite attempt to prolong the divorce so as to continue getting support payments whereas the paying spouse may want to finalize the divorce as fast as possible in order to stop making payments.

On the other hand, you may be granted further support even if the marriage has legally ended.  Alimony is the support awarded to a spouse after the marriage has ended. Alimony is typically awarded in instances where there is a big disparity in the incomes of the parties, or if one spouse has physical or mental disabilities, if the marriage was long-term, or other several factors. The court will determine whether or not you can meet your reasonable needs according to the lifestyle you were accustomed to during your marriage.

There are different types of alimony.  Often, rehabilitative alimony is awarded to a spouse in order to allow him or her to pursue further education or training to develop skills that will make the person self-sufficient. Permanent alimony is less common but it is awarded for the entire duration of a spouse’s lifetime.  There is also a type of alimony that is awarded until a certain condition is met. For instance, a spouse can receive alimony until the marital home is sold and he or she receives an equitable percentage of net profit.  There are instances when reimbursement alimony is awarded wherein a spouse must financially reimburse the other spouse for a certain amount of money.  This often occurs when a spouse financed the education of the other spouse.

It should be noted that alimony is treated very differently in other jurisdictions.  As pointed out by this Austin Divorce Attorney, in Texas alimony is fairly limited as compared to other jurisdictions, although not nearly as limited as it once was.  In fact in Texas not too long ago there was no such thing as court ordered alimony.

With the exception of reimbursement alimony, alimony is generally terminated when the spouse receiving alimony starts living with a new romantic partner, remarries or passes away.

For some helpful advice on picking the right attorney you can check out the Get Real Zone Divorce Blog.

Recommendations for good divorce attorneys can come from several sources. Friends who have experienced getting through a divorce and were satisfied with the quality of legal representation they received can be your best source of referrals. Also, therapists and counselors may have a list of divorce attorneys to recommend to you. You may also find attorneys you have worked with in the past to recommend colleagues who specialize in family law.

Several state bar associations offer lawyer referral services. Although these services are open to any licensed lawyer who pays a listing fee, you may consider a positive recommendation if a lawyer listed is licensed as a family law specialist.

Another excellent idea is to contact your local courthouse and inquire which judges preside over divorces. You may take some time to sit inside the courtroom and watch the divorce attorneys in action. Know the names of the lawyers who made a good impact on you. The clerk or bailiff should be able to assist you with your needed information.

Before deciding to use a divorce lawyer’s services, be sure to have a consultation with the lawyer first. You cannot solely rely on a positive recommendation to decide whether a divorce attorney is right for you. It is very essential that you feel comfortable with the attorney you choose because you will need to tell this person the most personal details of your life.

Many divorce attorneys offer free initial consultations. You should prepare your questions in advance. Relevant questions to ask may include the number of years of experience the attorney has, his or her field of specialization, the percentage of the lawyer’s cases that go to trial, retainer fees and other inquiries that will provide you with enough information. Make sure to completely understand the fee agreement and the amount of money you will be required to pay before finalizing your decision.

A divorce lawyer who specializes in family law is qualified to represent you during your divorce because for certain, that lawyer is more equipped and prepared to handle your case by actually handling family law cases and by being adept with current family law developments in your state. Choosing a divorce attorney who focuses most of his or her professional practice in the field of family law is particularly advantageous when complex issues such as large assets, business enterprises, real estate, or custody are involved.

By following this guide, choosing a quality divorce attorney in Philadelphia will be much easier. So if you want to achieve a favorable outcome in your divorce, start your search now and take advantage of the privilege of having a Philadelphia divorce attorney on your side.

Finding the right divorce lawyer is often the most difficult step in settling divorce details. Asking friends or relatives for recommendations within Philadelphia before starting your search can be a significant step that may save you time eventually.

Browsing online listings and phone book entries referring Philadelphia divorce lawyers is a helpful method because it presents a wide range of qualified lawyers to choose from. Also, getting in touch with local and state legal bar associations that provide personal assistance is always a good option.

Often, divorce lawyers offer initial consultations for free. Thus, this is a good opportune time to meet with your potential lawyers and establish a relationship of trust and openness in the early stage of the divorce process. Keep in mind that it is necessary that you feel comfortable in sharing private information with your lawyer. When you have the opportunity to address your issues with a divorce lawyer personally, you will likely find your divorce case to be much easier to deal with.

You should know how frequently you can keep in touch with your attorney and how to reach him in emergency situations as well as if your divorce lawyer returns calls without delay. In addition, keep in mind that you should ask the divorce attorney regarding the cases that he or she managed before that is comparable to your case. It is also necessary that you determine the price range that you can allot for a divorce attorney and then inquire about the rates and modes of payment offered by your prospective lawyer.

Furthermore, you may be able to decide if the lawyer is fitting for your own case by getting acquainted with previous clients who have worked with a certain divorce lawyer in Philadelphia. If you truly want to ascertain the abilities of the attorney or if you want to further learn about his or her experience and the legal strategies used, you must consider asking your divorce lawyer for the names of former clients, if feasible.

Most people want to know the specific responsibilities of the divorce lawyer in the case as well as the comprehensive steps of the divorce process. Divorce lawyers in Philadelphia can provide you imperative details about this critical life-changing episode and are frequently willing to be of service to your requests and respond to your inquiries willingly.

A divorce case does not need to be a cause of further conflict but a way of resolving conflicts. You will be able to deal with your case with diligence and confidence with a skillful Philadelphia divorce attorney on your side.

There are two kinds of divorce in Philadelphia, a no-fault divorce and a fault-based divorce. In Pennsylvania, most people pursue a no-fault divorce because it is relatively easier and more affordable. You may also do not need to appear before a judge or go to court other than to file the required documents for your divorce case.

There are two circumstances that can make you eligible for a no fault divorce. First, if both spouses agree to the divorce, they can file for a no fault divorce. This is the quickest way to divorce in Pennsylvania and requires the cooperation of both parties. Each party may file an Affidavit of Consent to divorce after one spouse files for the divorce and 90 days has passed after the petition is served on the other spouse. You may also settle property issues and agree on how you will divide your marital property in a Property Settlement Agreement. The court requires you to file several legal documents to complete the divorce.

Second, a unilateral no-fault divorce is available if one of the spouses will not agree to the divorce but the spouses have been living separately for at least 2 years and the marriage is irretrievably broken. You may file for divorce before living separately for the two year waiting period but you cannot get the divorce until the waiting period is over.

You may file for a divorce petition in Philadelphia if you or your spouse lived in Pennsylvania for the 6 months immediately prior to filing the divorce complaint, and either of the parties presently resides in Philadelphia or if you agree to divorce in Philadelphia. Your divorce petition is filed with the Clerk of Family Court.

The filing fee costs less than $300. You are allowed to pay with a money order but personal checks and cash are not accepted. If you are not financially capable to pay the filing fee, you may request to be excused from paying the fee by filing a petition to precede In Forma Pauperis (IFP). Ask for and fill out an IFP Petition. If you are on welfare or SSI, you must be able to bring your welfare photo ID or proof receipt of SSI.

In Pennsylvania, marital property pertains to the property owned by either spouse during the marriage regardless of whose name the asset is titled in. This may include houses, pensions, stocks and bonds, furniture, automobiles, bank accounts, and debts. The laws provide guidance with regard to the equitable distribution of marital property which does not necessarily mean 50-50 distribution of marital property. Pennsylvania law allows non-marital or separate property to be excluded from the equitable distribution process. This is property that was obtained before the marriage such as inheritances or any gifts received before or during the marriage that was kept separate from the marriage.

To have further knowledge about divorce laws in Philadelphia, you must consult a Philadelphia divorce lawyer to educate you about the process and provide you with the best possible options you may take.

To be eligible for a divorce proceeding in Philadelphia, at least one of the parties must have been a resident of Pennsylvania for a minimum of six months. A divorce proceeding in Philadelphia is initiated when one spouse files a divorce complaint

Grounds for Divorce in Philadelphia

You may either file a no fault divorce or a fault based divorce. A no-fault divorce is when there is a breakdown of a marriage that cannot be worked out. You do not need to have a reason or prove a fault for divorce. To be able to file for a no fault divorce in Philadelphia, you and your spouse must be legally separated without co-habitation for a minimum of two years. Also, you must declare that your marriage is irretrievably broken and both parties must agree to the divorce and have signed and filed the appropriate documents in court.

On the other hand, grounds or reasons for a fault-based divorce in Philadelphia include desertion or abandonment for at least one year, adultery, bigamy, cruel and inhuman treatment that imperils the life or wellbeing of the other spouse, imprisonment for at least two years, personal indignities and confinement in a mental institution with little or no possibility of being released in the near future.

Property Division and Alimony in Philadelphia

All property not categorized as a separate property is considered a marital property in Philadelphia. It will be divided equitably but not necessarily equally. Separate property is the property acquired before the marriage. It may also be the property obtained during the marriage in a form of a gift or inheritance to exclusively one spouse.

Under particular circumstances, the court will award alimony which is also known as spousal support or maintenance to be paid by one spouse to the other. The length and amount of spousal support are based on different factors which include the duration of the marriage and the financial situation and earning capacity of each spouse.

Child Custody & Child Support in Philadelphia

The laws in Pennsylvania require the court to decide on child custody issues based on the best interests of the child. A shared custody may be considered by the Family Division of Philadelphia Court of Common Pleas if it is in the best interest of the child. In general, a parent that is not awarded custody is granted visitation rights.

Child support is calculated depending on the joint net income of the parents and the number of children each parent supports. The paying parent can make online payments through Pennsylvania Child Support Program after the Family Division of Philadelphia Court of Common Pleas has ruled on child support.

In order for you to ensure that you meet the legal requirements to file for a divorce in Philadelphia and that you get a fair division of property and an alimony agreement, as well as obtain positive outcomes for other divorce issues, it is a must to get the services of a Philadelphia divorce lawyer to guide you in every step of the way.