650.625.7300
The exact process will vary depending on your particular situation but the typical stages are as follows:
Step 1.
We begin with a general orientation to discuss your concerns and goals. Mediators do not act as an attorney for either party but will review some of the legal terms and process involved and discuss the paper work required by the court. The court requires the parties to exchange financial information and make a complete disclosure of all your assets and liabilities. We start there including the preparation of income and expense affidavits. This required information can be reported electronically on forms we supply to save time or in writing by email. This will help you to begin to divide your assets and better understand the future financial needs of both of you.
Step 2.
We will analyze the data together, using advanced software, to accommodate both parties in a fair manner. The software allows us to see after tax comparisons of any changes we might make together. This step will take the most time. We will resolve the fair distribution of assets. Discuss spousal support if appropriate.
Step 3.
If you have children we will focus on them and begin to prepare a parenting plan that works for both of you and discuss the legal terms and alternatives. Prior to this step we will send you homework so you can understand the terms and alternatives. We will prepare the required child support or shared custody work sheet to give you a guideline of what the court will do if you don't agree.
Step 4.
We will prepare the forms necessary for you to file in court to obtain a dissolution or uncontested divorce. This will include the preparation of a Marital Settlement Agreement as a guide only which each of you should have independently reviewed by your own attorney. The next steps are up to you. You can e-file the required documents without going to Court.
The exact process will vary depending on your particular situation but the typical stages are as follows:
Step 1.
We begin with a general orientation to discuss your concerns and goals. Mediators do not act as an attorney for either party but will review some of the legal terms and process involved and discuss the paper work required by the court. The court requires the parties to exchange financial information and make a complete disclosure of all your assets and liabilities. We start there including the preparation of income and expense affidavits. This required information can be reported electronically on forms we supply to save time or in writing by email. This will help you to begin to divide your assets and better understand the future financial needs of both of you.
Step 2.
We will analyze the data together, using advanced software, to accommodate both parties in a fair manner. The software allows us to see after tax comparisons of any changes we might make together. This step will take the most time. We will resolve the fair distribution of assets. Discuss spousal support if appropriate.
Step 3.
If you have children we will focus on them and begin to prepare a parenting plan that works for both of you and discuss the legal terms and alternatives. Prior to this step we will send you homework so you can understand the terms and alternatives. We will prepare the required child support or shared custody work sheet to give you a guideline of what the court will do if you don't agree.
Step 4.
We will prepare the forms necessary for you to file in court to obtain a dissolution or uncontested divorce. This will include the preparation of a Marital Settlement Agreement as a guide only which each of you should have independently reviewed by your own attorney. The next steps are up to you. You can e-file the required documents without going to Court.
COPYRIGHT © 2020 RICHARD H. SCHWACHTER ESQ..
NO LEGAL ADVICE IS GIVEN DURING A MEDIATION. ALTHOUGH LEGAL ISSUES MAY BE ADDRESSED IN THE MOST GENERAL WAY, ALL PARTIES ARE ENCOURAGED TO SEEK THEIR OWN ATTORNEY FOR LEGAL ADVICE. NOTHING CONTAINED IN THIS SITE OR COMMUNICATION THROUGH THIS SITE IS INTENDED TO CREATE OR ESTABLISH AND DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. RICHARD SCHWACHTER CONDUCTS MEDIATIONS IN SEVERAL STATES BUT IS LICENSED TO PRACTICE LAW IN OHIO EXCLUSIVELY. |
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