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.

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.

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.

-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.

-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.

Another option would be for a relative to become the child’s caregiver and he/she will need to sign a Caregiver’s Authorization Affidavit which will give the relative the right to get medical care and decide on the child’s education. This form is only available for relatives of the child if the child is going to continue living in the State of California. This can be cancelled at any time by the parents.

Both of these forms are often not accepted by health insurance agencies, so if you’d like to register your child under your health insurance, you’d need to look into getting a court ordered guardianship. Though schools and medical services are supposed to accept the forms, there is often some opposition to do so and in the end, it might just be simpler to go to court to become the child’s official guardian.

]]> http://www.orangecountydivorcelawyers.info/2011/09/24/alternatives-to-guardianship/feed/ 0 http://www.orangecountydivorcelawyers.info/2011/09/20/summary-dissolution-for-married-couples/ http://www.orangecountydivorcelawyers.info/2011/09/20/summary-dissolution-for-married-couples/#comments Tue, 20 Sep 2011 23:07:45 +0000 FamilyLawDivorce http://www.orangecountydivorcelawyers.info/?p=197 A summary dissolution is a quick and ‘easy’ way to get a divorce, this is NOT an alternative to a legal separation. You won’t need to see a judge or a lawyer but it is in your best interest to speak to a professional about ending your marriage. Most people get a divorce as a couple would need to qualify for a summary dissolution.

To qualify for a summary dissolution you must meet ALL of the following requirements:

-You were married for less than 5 years,
-You have no children together, are not expecting a child together, nor have you adopted a child before or during the marriage together,
-Neither of you own any land or buildings,
-Neither of you rent and land or buildings except for your current place of residence (without a1-year lease or option to buy),
-Neither of you have any depts acquired during your marriage of more than $6,000 (car loans do not count),
-You have less than $38,000 of property that was acquired during the marriage and you  have separate property worth less than $38,000,
-You have both agreed that neither spouses will be collecting any kind of spousal support,
-You must drawn up and sign a contract that divides all your property and debts
-You or your spouse must have lived in the State of California for more than 6 months and 3 months in the county you are filing your summary dissolution in.

-Changes in their own income
-Changes in the other parent’s income
-Changes in the amount of time a parent spends with the child

Be aware of the fact that the amount might be changes against your favour so think twice before requesting such a change. The judge will make the decision about the support amount based on several factors, some of which you might have have been aware of. For example, your child support payment might be raised because the other parent has recently lost their source of income or your child support might be lowered because the other parent who was paying the support has recently lost their job.

If you aren’t sure of what the results might be, before requesting a change in your child support payments, seek the advice of a professional before proceeding.

Child support payments are usually made until children turn 18 or if the child is still in high school and living at home, the support can go until the child is 19.

In the State of California, every county has a family law facilitator that is available to help you with things pertaining to your child support case, free of charge. For example, they will gladly help you prepare forms, explain complicated court procedures and get you in touch with the appropriate child support agency in your area.

If you need help with your child support, contact the child support attorney located in Orange County CA.

-Irreconcilable differences means that you and your partner have grown apart and can no longer live together. This is most commonly used when filing for a divorce.
-Incurable insanity requires medical proof with the petition when it is filed.

To get a divorce, you and your spouse also needs to have been living in the State of California for at least 6 months and in the county you are filing in your divorce in for at least 3 months.

Divorce attorney in Orange County