| Step 1 |
Consult with an attorney.
In this meeting you will find out how much the attorney charges and how strong your case is. |
Orientation with Mediators. In this meeting the couple asks questions about mediation and the mediators help you realize that you can do this without going to court. |
| |
Time: 90 Minutes |
Time: 30 Minutes |
| Step 2 |
Prepare Documents to File or respond. Your attorney will prepare the documents to file with the court and will arrange to have a constable serve your spouse those papers. |
Fill out Mediation Starter Kit. This kit will educate you about all aspects of your divorce. Different statutes will be provided so you can see how the courts treat certain issues. There will also be detailed check lists and instructions for filling out certain worksheets that will help you in the mediation |
| |
Time:2 hours |
Time: 2 hours |
| Step 3 |
Service of papers. You will be put on a waiting list from the constable to have the divorce papers served to your spouse on a first come first serve basis. If your spouse is avoiding the service of papers then this process could take much longer. |
Begin Mediation Sessions and discuss temporary needs both in parenting and any immediate financial concerns like who will make which payments on what. This helps to make sure that both parties will feel comfortable about all the financial needs until the divorce is finalized.
The mediators also will show an award winning video about how to help the children deal with the divorce and will help the couple tailor a parenting plan that is customized for their situation.
The mediators will help the couple reach agreements on a weekly parenting plan, a holiday plan, transportation issues, and how to deal with one or the other parent moving away. The mediators will provide examples of what other couples have done to ensure a successful parenting plan. A session summary will be provided to each spouse that summarizes what was discussed. |
| |
Time: 2 weeks |
Time: Week One. 2 hour session. |
| Step 4 |
Motion Hearing for Temporary relief for support payment of debts splitting of assets and custody. Assuming your spouses attorney does not contest the initial filing, your attorney will have a meeting with a commissioner (judge) to establish how the monies and children will be handled while waiting for the divorce to finish |
Continue Mediation sessions and finish parenting plan. The mediators will talk about how child support works and will provide calculations on the amount child support will be. There will also be discussion on other support issues like medical insurance, extra-cirricular expenses, daycare, college expenses and much more. A session summary will be provided to each spouse that summarizes what was discussed. |
| |
Time: 4 weeks |
Time: Week Two. 2 hour session. |
| Step 5 |
Postponement of hearing to gather Documents. Usually your attorneys will need additional time to gather information and will ask each other and the courts for extensions that could add months to the proceedings especially if there is a lot of debts and/or assets and high conflict. |
Continue Mediation sessions and begin separation of Debts & Assets. In this session we focus on the financial aspect of the divorce. A Certified Financial Advisor will come in and give opinions and analysis on the debts and assets and give suggestions on the best ways to make an equitable split factoring in tax consequences. |
| |
Time: 1 month |
Time: Week Three. 2 hour session. |
| Step 6 |
Discovery Phase. Gathering evidence and gathering testimony. In this phase the attorneys meet with the other spouses and their attorneys to get questions answered about various issues. You are required to be forthcoming in these proceedings however if one party does not come prepared then this can likely become a very lengthy process lasting 5-6 months.
|
Continue Mediation sessions and begin discussion on Spousal support issues. In this session we will talk about what each party should consider when determining alimony. We talk about the guidelines the courts use and make sure that both parties get to have input. A session summary will be provided to each spouse that summarizes what was discussed.
|
| |
Time: 3-4 months |
Time: Week Five. 2 hour session. |
| Step 7 |
Professional analyis of financial issues. Either attorney may want to get an expert opinion on various financial issues to include pension plans, inheritance, stock options and in the event that a business is owned by the parties they will need an independant valuation on the business. |
Finish discussion on spousal support issues and finish mediation sessions. Any other issues that have not been resolved will be covered here. The mediators will make sure that they have all the information they need to create the final agreement. A session summary will be provided to each spouse that summarizes what was discussed. |
| |
Time: 1-2 months |
Time: Week Six. 2 hour session. |
| Step 8 |
Custody Evaluation. If there is any question of conflict as to who the children should live with and what the visitation should be the courts will require a Professional custody evaluation. Normally both parties split this cost. The evaluator takes several weeks talking to neighbors, teachers, and the children then offers their professional opinion to the judge. The judge typically uses this information in making a decision about what will happen to the children. |
Sign Mediation Memorandum. In this session you will have an opportunity to review the agreement. Then you will sign the agreement in front of a notary. The mediators will get them to a document preparer. |
| |
Time: 2 months |
Time: 15 minutes |
| Step 9 |
Actual trial. The trial will last about 2 days and depending on how much preparation is needed can be the most expensive portion of the divorce. This is where the Judge will make a final decision on how the children will be handled and the separation of the debts and assets. |
Prepare Documents for Filing and file Decree. This is the step where the Mediation Agreement is converted to the "decree format" that is required by the courts. The Mediation Agreement is filed with the decree as an attachment. You will sign the decree and other various documents and the document preparers will take them and file them with the courts. You will need to pay the filing fee as well at that time
|
| |
Time: 3-5 months |
Time: Week Seven. 15 minutes to sign final documents. |
| Step 10 |
Hearing to enforce Judges decision. In the event that you or your spouse don’t obey the judges decision on any of the issues then you are forced to go back to court to have the judge enforce the ruling. While this does not happen all of the time, it is still very common and sometimes necessary if one spouse is depending on the other for financial support. |
Wait for Judge to sign decree. Your divorce will be given priority as a mediated divorce and will then go before a judge for a final review. You will never have to go to the courtroom or see the judge. You will simply wait to here back from the courts as to when the divorce was signed and finalized. |
| |
Time: 2 months |
Time: 1-2 weeks |
| |
|
|
| |
Total Time Spent: 13-17 months |
Total Time Spent: 4-7 weeks |
