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Family Law Blog

Divorce: Mediation Versus Arbitration

Monday, December 28, 2020

Often used interchangeably, if you are seeking an out-of-courtroom resolution to a divorce, you may think mediation and arbitration are the same thing. While they serve a similar function, mediation and arbitration are different and may suit different needs for a divorcing couple.

What Is Divorce Mediation?

Divorce mediation is often a cheap solution to more amicable divorces. In mediation, spouses meet together or separately with a neutral third party mediator. This mediator will help spouses divide assets and work out compromises. As this takes place out of the courtroom, this method is often a cheaper and more flexible way to sort out the division needed for divorce.

The key aspect of mediation to keep in mind is that anything worked out is not legally binding. Essentially, they work out compromises that the divorcing couple will take to court. The judge will then make it legal. Thus, there is nothing to stop one party from changing the agreement if they choose.

What Is Divorce Arbitration?

It is simpler to think of arbitration like divorce court-lite. Mediators cannot impose resolutions, but an arbitrator can. Essentially, arbitration allows both sides to argue their standpoint and the arbitrator passes down a solution to the issue that is a legally binding solution. It will then be finalized by a judge later. Arbitration helps keep the courts from being clogged up with long and complicated divorce cases. Though not as affordable as mediation, it is still a cheaper alternative to constant court fees.

Conclusion

Are you getting ready to go through a divorce? The process is long and complicated, but worth doing for your own sanity. If you are looking at divorce and need help, contact us today to see what we at the Law Office of Jamra & Jamra can do to help you get through the process with as few headaches as possible.

What Is the Timeline Like for a First Time Divorce?

Friday, December 18, 2020

With any luck, the first divorce in your life will be the last divorce. However, like when you do anything for the first time, you may want to know exactly what the process looks like. Unfortunately, as a divorce can take months of simply waiting for things to move forward, it is not so easy to lay out a concrete timeline. Instead, we wanted to highlight events as they will happen. As to how fast they will happen depends on how busy your local court system is and how much other parties drag their feet.

Timeline for First Time Divorce

If you are wondering what the divorce process looks like, your lawyer should be able to walk you through every step of the process, but as a whole, it can be rather simply broken down.

  • One spouse gets a lawyer and will write up a petition for divorce to start the process. This will include what they want in terms of financial, custody, and property division.
  • The petition is filed with the court.
  • The petition is served to the other party, requiring their legal response. Without a response, the court assumes they agree with the terms. The response is how the served spouse wants to deal with the above issues.
  • Mediation for issues is pursued if desired. Otherwise, the court will require compiled information on finances and property to help make the division.
  • If a settlement is reached, there will be a court hearing to make the agreement final and binding.
  • If the divorce is not settled, both sides will argue their side in court to help the judge settle issues.
  • The judge grants the divorce.
  • Both spouses retain the ability to appeal the court's decision on the decided matters, but it is typically unusual to have that decision overturned.

Conclusion

A broken down timeline makes divorce seem simple. However, it can take months and making the decisions can be difficult. If you are looking at a divorce in your future, contact us today to see what the professionals at the Law Office of Jamra & Jamra can do to help.

3 Signs That It May Be Time to Consider a Divorce

Thursday, December 10, 2020

Deciding that it is time to end your marriage is one of the most difficult things that a person, or a couple, can go through. However, if lies, betrayal, or years of resentment have left you feeling detached from your marriage, you may find yourself wondering if it is time for a divorce. Yet, how can you know for sure if things are really over? If you are unsure about the state of your marriage, here is a look at a few common signs that a divorce may be in the best interest of you and your spouse. 

You Constantly Feel Criticized or Put Down By Your Spouse

A clear red flag that all is not well in your marriage is if you are constantly put down and made to feel not good enough by your spouse. Constant criticism and emotional abuse from your partner can leave you feeling worn out and even depressed. If you feel as though you are constantly criticized or made to feel inferior, it may be time to consider a divorce. This abuse is not good for your mental health, and you should consider taking care of yourself by moving on. 

You Often Feel Lonely Even When You're With Your Partner

Over time, you may have noticed that you and your spouse have drifted apart. Through no one's fault, you may find that you no longer have anything in common, and you may not even have anything to talk about. This can leave you feeling lonely even when you are with your partner due to a lack of affection, closeness, and intimacy. If this is the case, it may be in both of your best interests to have a frank conversation about the condition of your marriage and whether a divorce may be the best option. 

Communication Has Fallen Apart

Towards the end of a marriage, it is not uncommon for communication to completely fall apart. You may even find that you are unable to have a simple conversation without things dissolving into arguments. Furthermore, these arguments likely don't get resolved, and you may find yourself arguing about the same things over and over again without finding a solution or common ground. This is often a clear sign of a relationship that has been damaged beyond repair. 

Conclusion

While it can be difficult to admit when it is time for a divorce, doing so can help you and your spouse to move on and heal from a broken relationship. However, if you plan on seeking a divorce, it is critical that you consult an attorney so that you have someone to walk you through this complicated process. Feel free to contact us to learn about how we can help you through this difficult time.   

Making the Grade: From Co-Parents to Virtual Classroom Co-Teachers

Friday, December 04, 2020

Educational decisions are typically custodial decisions to be made jointly by both parents. However, those decisions can be anything but typical when two co-parents must collaborate as co-teachers to facilitate at-home, virtual education. What if you and your co-parent cannot agree on how much parental supervision or cooperation a child needs? What if there are inconsistent resources or follow-through in each home? How can you ensure you remain equally involved in your child's education plan while still working within the parameters of your existing co-parenting plan?

Lesson One: Communication

Co-parents who are co-teaching must develop a plan for timely information sharing and decision-making. For example, it may be helpful to download a co-parenting communication app that provides a shared calendar for enrollment decision deadlines, assignments, and more. Then, even parents who are not on the same page can be on the same screen.

Lesson Two: Core Values

Not every parent understands the Common Core curriculum, but all parents understand their family's common goals and core values. If one parent is more available for supervised learning and the other parent has a rigid work schedule that cannot accommodate homeschooling, stop keeping score of hours and overnights and focus on the joint goal of successfully educating your child. Lean into your respective situations. Find creative ways for the homeschooling parent to get a break and for the non-schooling parent to be more involved.

Lesson Three: Continuity

For a child to have a successful virtual learning experience, there needs to be continuity between the "schools" in each home. So, if the child needs an internet connection for virtual learning, or a dedicated study area free from intrusion or interruptions, both homes should provide it. Allocating the responsibility and the resources for learning between both homes ensures fairness to both parents and gives the child security.

Conclusion

If co-parenting while co-teaching has you feeling overwhelmed or has left you with more questions than answers, you are not alone. Contact us at Jamra & Jamra for the thoughtful and specific guidance you need to ensure an A+ co-parenting experience.