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Legal System Overview
Court
A divorce can take as little as three months or as long as two years. If you have to go to court, a trial date will have to
be
scheduled when all parties involved, the court and both parents’
attorneys, have an available opening.
When you go to court
and ask for joint custody/shared parenting, you will need to submit a
co-parenting plan and
guidelines that you would like to use.
Parents should decide
together what is in the best interest of the children;
this is
your job! Your
children are depending on you to decide what is in their best
interest!
Attorney
Always seek the legal advice of an attorney.
There is much work that has to be done and many things to
consider when
children are involved in a divorce.
Do not assume that your attorney has enough time to help you
get your co-parenting plan and guidelines together, and even if he/she
did, it would be very costly.
Most judges require
parents to be represented by an attorney when children are involved in
a divorce.
Attorneys usually want a retainer fee, approximately $400 to $800
dollars, before starting any paperwork.
A divorce lasting over a year can easily accumulate legal fees ranging
from $3,000 to $6,000 dollars.
Mediation
An attorney is usually asked to accompany you during the
mediation process. However,
this will add to your mediation
hourly expense.
This added hourly expense for both parents could increase the
pressure to end the mediation without results.
Meeting with the mediator can take one to four times before a
settlement is reached.
Abuse
Abuse is a very serious
situation, so seek the legal advice of an attorney who has experience
in this field.
If one parent is a threat to the children or one’s self, seek
help. (mentally, verbally or physically abusive, etc.)
Counseling
Divorce can be very hard to deal with alone.
If you or your children need help, do not be ashamed or afraid
to ask for it. There are
many trained professionals and support groups available to help during
this difficult time.
Wording
Detailed guidelines
will clearly define boundaries for both parents and will help ensure
the children's best interest comes first.
With detailed guidelines, there will be fewer misunderstandings
between parents, thus making life easier for everyone
involved. Detailed
guidelines can save you time/money now and in the future.
Signing
When the court judge signs your Parenting Documents, they become
legal documents.
For
Personal Use Only
These documents are for your personal use only.
You can customize them and submit them to the court.
Disclaimer
These papers are in no way meant to be legal advice.
Because each individual divorce situation differs and
laws vary
from state to state, professional legal advice from an
attorney should always be sought/considered.
The Best Interest of The Children Comes First!
Copyright 2000-2003 by
Family Mediation Center, Inc.
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