4 MEDIATION FAQS IN DIVORCE & CUSTODY
- WHAT is mediation? – Mediation in divorce and custody cases is a meeting between the plaintiff, defendant, and a mediator. It can be used to resolve all issues including custody, support and property division.
- WHEN should it be done? – Mediation can be done before or after filing and even after the case is over if new issues arise.
- WHO should do it? - The Mediator Matters! The mediator is a neutral person that tries to find issues that can be resolved by agreement or compromise. Most of the time, the mediator’s role is not to pass judgment on a party’s legal argument or to decided what is true and what is not true.
- WHAT can your lawyer do to make sure that you get the best result possible at mediation? Your lawyer can make sure you are prepared, you are protected, you have selected the right mediator and that you have selected the right time in the case to utilize it.
The ADAM attorneys at Shaw Law Group routinely use mediation to get their clients fair resolutions to their divorce and custody matters. Please call 616-827-ADAM to see if your case would benefit from the use of mediation.
We frequently are asked if it is best to wait and let one’s spouse file the divorce first. There are many considerations we look at before making a recommendation but there is one reason that can strongly suggest that filing first would be beneficial. That reason is EX-PARTE Orders.
Ex-parte orders are orders the court enters without notice to the other party. The court can use this power to set custody, parenting time, and restraints on the use of assets including cars, homes, bank accounts and business assets. These orders are more common at the beginning of cases because it is more difficult to make contact with an unrepresented party.
The person that files first has two advantages. First, the person that files has the first opportunity to ask the court for an ex-parte order. Second, the court is less likely to issue an order against the person that filed first. This is particularly true when the person that files first is represented by an attorney.
If you fear that your spouse may do something drastic that will damage you or if you think your spouse is out to be as aggressive as possible, you should strongly consider the use of an ex-parte order. The ADAM attorneys at SHAW LAW GROUP can help you evaluate your case and determine your best course of action. Call us at 616 817-2326.
5 THINGS A DIVORCING DAD NEEDS TO KNOW
- Your child needs you. This is particularly true when parents aren’t getting along. Separation from your wife might be a blessing to your children, but don’t leave them until you can be certain that they will have the time with you that they need. If she leaves and is keeping them from you, you must act quickly for their sake.
- After custody is set, even on a temporary basis, it is hard to change. Don’t get fooled by an attorney that tells you that you can always go back later and get more time with your kids.
- Do not be intimidated by the court. The court may not be as fair to you as you deserve but it may be fairer to you than your ex-wife.
- Don’t take legal advice from your wife. Even in the most amicable divorces, it is possible that she will lie to you for her benefit.
- The divorce process can start fast. For example, in Kent County, in as few as 7 days, you could be standing in front of a Judge arguing about how much time you get to spend with your children. If there is any chance that your wife will file for divorce before you do, you must plan ahead to make sure you are ready for it.
If you are a dad and you want the best legal help for you, call an A.D.A.M attorney today.
Michigan State University recently reached out to us to make sure we are aware of their community services in West Michigan. I have looked at their offerings and they appear to provide information and classes and subjects that could be valuable to our client. Some of the subjects are:
- Parenting and being a nurturing family
- Co-parenting for divorced/separated/never married parents
- Stress less with mindfulness
- Alternatives to anger
- Basic money management
- Nutrition and cooking
As a person that is interested in lifelong learning, I am interested in exploring MSU's offerings and have signed up to attend Mindfulness for Parents and Caregivers: Helping Kids Manage Stress on April 25. You can check out their other classes at http://msue.anr.msu.edu/. Attached are some of their fliers for upcome events.