Mediation: Etiquette

October 18, 2011  |   Posted by :   |   Mediation   |   0 Comments

Even though you’ve decided to take your case to mediation rather than to court infront of a judge, you should still behave with respect and consideration. Speak clearly when stating your opinions about the quarrel and continuously listen carefully to what the other people are saying. Give the other individual speaking the respect you’d want them to pay to you while you were voicing your concerns and opinions.

Mediation is about calmly discussing each other’s point of view on a situation and coming together to make a fair and honest settlement that will satisfy both parties. Take the time to be clear-headed and take note to what the other person is voicing about the dispute. You may not have thought about how the dispute has affected the other person, but mediation is about trying to understand how the incident has impacted both parties and by doing so, you can easily reach a suitable resolution.

Truly pay attention to the other person’s resolution suggestion as you would like to he heard when you are giving your suggestions. If all goes well with your mediation and you come to an agreement, you will be more satisfied with this path rather than going in front of a judge. That procedure is often time-consuming and expensive. You also have no say on your verdict because it is the judge who makes the decision, not you.

Mediation

October 14, 2011  |   Posted by :   |   Mediation   |   0 Comments

If you have a disagreement with someone and go to small claims court, you will have to deliver your case in front of a judge. It is often a very tiresome and lengthy procedure which can become very expensive as well. Mediation might be a superior way for you to resolve your disagreement, instead of having to go to court.

You can try to sort out your quarrel unitedly with the other party and a mediator in a neutral space. Mediators are trained to help in legal disputes without getting emotionally involved. The mediator will never force a decision on you nor will they command somebody to a choice for you.

The final verdict in your mediation case is you and the other person’s own doing and you will feel empowered in knowing that it is a fair solution. In court, the judge would have made the decisions for both of the parties.

But, if you cannot attain an understanding in mediation, you can still bring your case to court and have a judge make the final verdict.

Divorce: Filing Your Case -Step Two

October 10, 2011  |   Posted by :   |   Divorce   |   0 Comments

Filing all your finished paperwork is the second step in processing your divorce petition. The court clerk will look over all your forms, both the copies and the originals. Once the clerk is satisfied with the forms then he will hand back the copies to you marked ‘Filed; and keep the originals for the court.

Temporary orders involve a form as well and you should have taken care of that along with your other paperwork that you’ve handed in to the court clerk. A lawyer or family law facilitator will greatly advance your chances of making your divorce go swimmingly.

This first filing of papers is often called ‘first appearance’ and is a petition. The court clerk will tell you of the filing costs. Simply because you don’t have the capital to pay for a filing fee, doesn’t mean you can’t get divorced. You can just ask for a fee waiver.

Divorce: Filing Your Case -Step One

October 06, 2011  |   Posted by :   |   Divorce   |   0 Comments

1. Whenever you are beginning the divorce case, you will be known as the petitioner. To start off the divorce action, you must complete the forms below:

-The Marriage Petition Form: is used to acquire a extensive knowledge about your marriage, your spouse and yourself. It can also be used to ask for some court orders like support orders.

-Summons Form: It’s a very good idea to read this form carefully because it contains a lot of information that will be useful to you for the duration of your divorce case.

-Property Declaration: Use this form to declare to the courts about the property, assets and debts that you and your partner have acquired during your marriage.

-Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: This form needs to be completed if you share any children with your spouse that are under the age of 18.

-Child Custody and Visitation Application Attachment: Must be completed if you desire to ask the court for custody and visitation orders. This form is optional but it contains very important info about child visitation schedules and holidays. It’s a very useful tool.

2. It’s a beneficial plan to have a professional look over all your forms to make sure everything is in order, otherwise your case could be delayed unnecessarily.

3. You may be required to fill out local forms, depending on the court. Ask your court clerk or lawyer.

4. You must submit the original forms to the court. Be sure to make copies for yourself and another copy of the paperwork for your spouse.

Financial Aide for Guardians

September 26, 2011  |   Posted by :   |   Guardianship   |   0 Comments

If you are a guardian of a child and are in need of financial assistance to care for the child, there are several options available to you.

-You can apply for welfare if you are related to the child under your guardianship even if you don’t need the money. You can also receive welfare if you are not related tot he child but are in need of financial help to raise the child properly, providing for all their basic needs.

-If you are related to the child, you can also apply for Medi-Cal if you are needing financial help.

-Another option is foster care payments which provides more money than welfare.

-If the child under your guardianship has a disability, they are often qualified for Supplemental Security Income which you can use to help take care of the child.

-Again, if you are related to the child, you can apply for Kinship Guardianship Assistance Payment Program which will pay the same amount as foster care payments.

All of the information is available from your social worker and they will direct you to the best option for your situation.