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Articles on Family Law
Divorce Mediation: An Alternative to Court Battles
By Becky Wiese
Ending a marriage relationship can be a difficult and emotional process. For example, an adversarial divorce involves lawyers for both parties (and at times one for the children), court dates, and often an extended period of time before everything is resolved—which adds to the cost, stress, and frustration of divorce.
Adversarial divorces are often antagonistic, with one side pitted against the other. The long process of discovery to prepare for a trial that may never take place (most divorce cases settle before trial, but lawyers have to prepare as if it were going to happen) can increase the stress on the entire situation as well as the people involved. Discovery includes interrogatories (lists of questions), requests for the production of documents (tax, financial, or any other document), and depositions (under oath interviews of witnesses).
Divorce mediation, in contrast, offers a way that allows both parties to be in control of the process and the settlement as well as enable a higher degree of civility after the divorce is finalized. A divorce mediator is a neutral party who helps both parties see the issues objectively and accurately. The mediator cannot give legal advice nor act as lawyer to either party; instead the mediator encourages the open and free exchange of information in the negotiation process for the benefit of both parties.
In the process of mediation, the goal is to work with shared knowledge. Amy Mobley McFarland, a certified divorce mediator, says that “it is important for both parties to come prepared for mediation. Like any negotiation, you need to know what you must have, what you would like to have, and what issues do not matter to you.” Since mediators have no vested interest in the outcome, they can work to ensure that both parties come to an agreement through a fair and equitable process. In this manner, divorce mediation can be thought of as “assisted negotiation” because it enables both people to share their views and concerns to reach a settlement.
Some common topics and decisions a divorce mediator assists with include parenting arrangements, child support payments, property distribution, and spousal support. Once decisions are made, the mediator creates a mediated agreement upon which an attorney can incorporate into legal documents.
Divorce mediation does not completely remove the need for lawyers. Both parties are encouraged to retain and consult a lawyer throughout the process. Once the parties have an agreement, the lawyers will review the terms in the mediated document and make any recommendations to their client and explain the legal ramifications of their agreement.
One of the most beneficial reasons to mediate divorce is that it is less stressful for children. When parents decide they no longer want to be partners, it doesn’t mean they will no longer be parents. A mediated divorce allows the parents to decide and discuss issues that will affect the children in a calmer and less combative setting. Ms. McFarland says, “They may not agree on what is best for their children, but they are in a better position to decide than a judge who knows very little about the children.”
Overall, divorce mediation is a flexible and confidential process that allows two people to dissolve their marriage with less conflict than is typical of other divorce proceedings Couples who mediate divorce typically are more satisfied with results and process than those who go through an adversarial divorce. Obtaining a divorce can be a lengthy and costly process which increases the levels of stress on all involved, especially children. Ongoing issues such as nonpayment of child support or alimony after the divorce is final continue to add to the stress.
In contrast, mediated divorces take less time, money, and are typically less adversarial. When the couple actively participates in stating the terms of their divorce, there is a better fit and higher commitment to make the best decisions for everyone involved. “The best divorces are those where the parties agree to the terms around their kitchen table. The parties tend to feel it is more equitable even if the terms are not exactly 50/50. It is a win-win situation instead of a lose-lose situation.”
Deciding On Spousal Support(Fri Aug 18th, 2006, by S. A. Baker)
No matter which side you are on, spousal support is something that will need to be taken care of during a divorce. Something must be decided about spousal support, yet, where are you to begin? What are you going to do to resolve this issue of spousal support? Are you afraid to ask for what you already know you deserve, support? Or, are you on the other side, wondering what is going to be required of you as far as spousal support goes?
What is spousal support? Who is entitled to spousal support? Spousal support is support given in the form of money or possessions that helps to support a spouse after a divorce. Spousal support is often necessary when families who were living on one income split. The income earner would need to still support his or her spouse after they had split. While it may seem harsh to require spouses to have to support the other after they are separated, in many cases this is necessary.
Spousal support is regulated by laws in each state. This type of support is given to individuals who need it especially those who can not support themselves. No matter which side of the coin you are on, if you or your spouse is looking for spousal support income, you will need to seek out an attorney who will help to provide spousal support cases. You can find attorneys who are experts in this field who will get the fair spousal support you deserve. In addition, websites such as www.thesmartattorneys.com also has helpful information on this matter. You will find spousal support attorneys who are able to ensure that the spousal support you pay out is also fair. It is important, though, that you seek out the representation of these attorneys so that you are fully aware of the laws involved. Spousal support is a serious issue.
About the author: S A Baker is staff writer at http://www.thesmartattorneys.com
Articles on Estate Planning
Estate Planning 07 - What is an Executor in the Will(Sat Jan 10th, 2009, by Kyle J. Norton)
Estate planning is the process of accumulating and disposing of wealth before death of individual or a group of owner known as estate owner including married couple. It aims is to maximize the wealth of the estate owner. The most important goal of estate planning is to make sure that the greatest amount of the estate passes to the estate owner's intended beneficiaries while paying the least amount of taxes. Choosing an executor is importance to ensure that someone who you trust will carry your will intention after your death.
I. Definition
An executor in the will, normally is the lawyer or someone you trust who will carry your intention in the will.
II. What is executor responsibility
Since you have named someone as your will executor, in general, the executor will gather up all your assets and after paying all your debts, she or he will distribute the remaining assets to the beneficiary.
1. Paying funeral expense
The funeral expense usually paid out from the assets of the decreased, although sometime the executor consider the wishes of the deceased person and their relatives.
2. Paying all other debts
The executor is also responsible to pay off all the debts of the decreased person including all credit cards and charge cards, personal loan and other debts through decreased assets.
3. Notify all beneficiaries who are named in the will.
4. Submit the necessary probate documents to the court to get probate before an executor can handle the deceased’s estate.
5. Notify the government pension office, if the decreased person receiving pension payment before his or her death.
6. File the income tax for the decreased person and pay all income tax if owed by decreased person and get a tax clearance.
7. Distribute remaining assets to estate beneficiary.
Remember certain assets do not need to probate such as RRSP and insurance paid out from life insurance policy and beware of 6 months deadline of variation act that allows decreased child and spouse applying to court to change the term of the will.
I hope this information will help. If you need more information or insurance advices, please follow my article series of the above subject at my home page at:
http://medicaladvisorjournals.blogspot.com
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About the Author:
All rights reserved. Any reproducing of this article must have the author name and all the links intact.
"Let Take Care Your Health, Your Health Will Take Care You" Kyle J. Norton
I have been studying natural remedies for disease prevention for over 20 years and working as a financial consultant since 1990. Master degree in Mathematics, teaching and tutoring math at colleges and universities before joining insurance industries.
Articles on Real Estate
Real Estate Terms - From Easements to Good Title(Wed Sep 27th, 2006, by Raynor James)
When buying or selling a property, it always helps to have a basic understanding of real estate terms. In this on going series of articles, we take a look at definitions starting with "easements."
1) Easement - permission given to (or acquired by) someone who does not own a parcel of real property enabling that person (or entity) to use that parcel for a specific purpose. It may add or detract value. It may be neutral so far as the value of the property is concerned. Examples include easements to utility companies for the purpose of running power lines, easements to municipalities for running sewer lines, and an easement to a neighbor to use your driveway for ingress and egress to his property.
2) Encroachment - a building, fence, wall, driveway, etc. which is intended to be part of one property and is found to be on, or partially on, another property.
3) Escrow - money and other items of value held by a third party for the benefit of the buyer and seller of real property. In California, items are accumulated in escrow for a stated period of time until all items needed to finalize the sale are in the hands of the escrow agent and properly processed. In Virginia, the items are accumulated but are not signed until everyone meets at the settlement table. Then the deed is signed, the lender releases funds, and so on. It is usually the next day before the change of ownership can be recorded at the courthouse, so while it isn't customarily referred to that way, the settlement agent is usually an escrow agent for about 24 hours in Virginia.
4) Equity - The wealth value of a property for the owner. The equity in a property is equal to the fair market value minus any debts such as mortgages and taxes.
5) Good Title - title to the real property being clear and clean enough that a title insurance company will insure it and a lender will make a loan with it as collateral.
As you can image, there are many real estate terms for which you have a general understanding. In our next article, we continue with the terms starting with "Home Inspection."
About the author: Raynor James is with http://www.fsboamerica.org - providing FSBO homes for sale by owner. Visit our "sell my home" page at http://www.fsboamerica.org/seller.cfm to list and sell your home for free for one month. Visit http://www.fsboamerica.org/buyer.cfm to see homes for sale by owner.
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