Dissolution, Divorce, Mediation… oh my!?

Since finding out about my husbands adultry, I’ve been scrambling to find a lawyer. As a homemaker, I’ve been thrust into searching for employment. Until a job is found, I have no source of income for myself and my 2 children… outside of what my husbands promises to give.

I have looked into all 3 options, but have no idea which is best. I’m tending to lean away from divorce as I will need and outside witness to testify that he did, indeed, cheat. His admitting it is not enough in the State of Ohio. So far, he has complied with all of my wishes, but this could soon end when reality sinks in and he realises what he has lost and is about to lose.

What is the best of these 3 choices and why?

In Ohio, the courts will not be concerned about whether or not your spouse cheated. You do not need grounds for divorce.

Dissilution is only possible if your spouse cooperates with you. Working with each other, couples negotiate a settlement of all marital issues outside of court.

Divorce is adversarial. If a couple wants to terminate their marriage but cannot settle their issues, one spouse must file for divorce.

No matter how you feel, start with no-fault. You give up nothing by filing on a no-fault basis. You can amend your complaint later to add a fault. Alternatively, you can list a no-fault ground “plus unspecified others to be introduced at trial” in your initial complaint.

Even if you do prove at trial that your spouse committed without shame one of the nine fault grounds, in Ohio you will not get a bigger slice of the property. However, there can be reductions in parental rights if the fault involved criminal or other behavior harmful to others.

Some contend you create negotiating advantage by omitting the real cause from the initial complaint. The potential for disclosure of harmful or embarrassing behavior might motivate cooperation. Whether such leverage should be used at all, or ever for destructive purposes, is an individual decision.

Check this link for more info on Ohio divorce:
http://www.famad.com/reference/ohio-no-fault-divorce-guide.htm

How to win a child custody battle?

A friend of my has a 2 month old son and he is wanting to get full custody. He doesn’t know weather he should settle in or out of court. The mother of his child is an unfit mother. She is an alcoholic, drug addict and bipolar. She leaves the baby wherever when she wants to be out partying. She doesn’t have a job. And to top it off she has a 6 year old daughter that she doesn’t take care of, she pawned her off on her dad. What does he need to do? She uses the baby to control everything and he only gets to see his son when she feels like it.

By the sounds of it, the father doesn’t need to do anything. With everything the mother does is good enough to have the father get full custody. She is unfit to care for the baby. And that makes me sick just reading this. Make sure the court knows all of this stuff, it’ll help your case

How does a court trial work when it comes to child custody battles?

I’m writing a story about a girl who’s getting taken away from her father and the escape a custody battle trial. is this possible? do they go for a number of days, and the child would go home with the father between hearings? thanks.

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That fully depends in the included factors.

Were the parents married? Single fathers have no assumed rights to a child.

Were there any allegations of abuse? In 60% of child custody cases the mother will accuse the father of sexually abusing the children.

Were there any allegations of domestic violence? Under the VAW Act, a father who battered the mother of his children, or defended himself when attacked by the violent mother of his children, cannot have custody. Even grabbing her arms to prevent her from scratching him is grounds for denial of custody.

Is there a Guardian Ad Litem? This is a person who represents and speaks for the child in court.

What type of custody is under consideration? Sole, Joint Legal, Joint Physical, or Bird Nest?

What if the father turns out not to be the father of the children? In a Pennsylvania case, the three children were not his, but he still won custody. In a Michigan, he was denied custody of the 15 year old, at which point the mother was awarded 15 years of retroactive child support against the bio-dad, who was 11 when she had sex with him and got pregnant. She was 25 at the time.

Currently, fathers get primary custody in 15% of the cases, but only get child support 1% of the time. Most fathers think they can’t win custody, when in reality, they unknowingly hire attorneys who are unwilling to fight for it.

Personally, I promote Bird Nest Custody.

It should be noted that the original author of the first joint custody laws died this week.

Father Makes Two
Time Magazine
By Margot Roosevelt – Sunday, Nov. 11, 2003

Quote:
"As late as 1971, the Minnesota State Bar Association’s handbook advised lawyers and judges that "except in very rare cases, the father should not have custody of the minor children. He is usually unqualified psychologically and emotionally." When James Cook, a Los Angeles real estate lobbyist, divorced in 1974 and sought shared custody of his son, "the judge thought it was preposterous," he recalls. "He told me, ‘I don’t have permission to do it.’" Outraged, Cook and some friends organized the Joint Custody Association and in 1979 pushed through the California legislature the first law encouraging joint custody. All 50 states eventually followed suit….."

Divorce – Mediation – Financial Hardship?

My daughter has a trial before court date in a couple of weeks.

Her "new" lawyer lied and told her the judge had ordered her to mediation (there is no such order, not signed and not on file).

She only has enough money for the actual trial itself and not the additional $5,000 for a full day of mediation.

If there’s no signed order, I don’t want her to agree to mediation.

Questions:

1. If, at the trial, the judge actually DOES order mediation, can’t her lawyer plea Financial Hardship as a reason why my daughter can’t goto mediation?

2. If the judge doesn’t accept Financial Hardship, can’t her lawyer demand that all mediation costs be paid by her to-be-Ex ??

3. Is there any other acceptable way for her or her lawyer to get out of going to mediation ??

Thanks for your help.
Thank you all for your answers (except for hex of course…. grow up).

The judge set the trial date 2 months ago. I guess all she can do is show up for the mediation and hope his lawyer doesn’t screw her over. As for the $5K, it’s nothing considering she’s already paid $30k for absolutely nothing.

The only good lawyer really is a dead lawyer.

1. If, at the trial, the judge actually DOES order mediation, can’t her lawyer plea Financial Hardship as a reason why my daughter can’t goto mediation?

How do you know it was not a judicial bench order? The fact is, if mediation has been ordered and she shows up in court without having participated, the judge is well within discretion to rule in the other party’s favor without giving her another chance.

As for financial hardship, that is not an option to opt out of mediation.

2. If the judge doesn’t accept Financial Hardship, can’t her lawyer demand that all mediation costs be paid by her to-be-Ex ??

He can ask but it is up to the court and in many states, by statute, there is no discretion here. The court is bound by statute to tax BOTH parties an equal share of the mediation.

Even in states where mediation is not taxed equally, the court normally orders the party NOT cooperating to shoulder the extra expense for the mediation.

3. Is there any other acceptable way for her or her lawyer to get out of going to mediation ??

Yes, either die before trial or agree to stipulations offered by the other party.

Instead of helping your daughter thumb her nose at the judicial system, it would be nice to finally see a parent teach their child to accept responsibility.

That is obviously not the case here.

What questions should I ask when searching for a good child custody lawyer?

What questions should I ask when searching for a good child custody lawyer?

What we did was I (the step mom) called about 8 lawyers, I told them a quick 30 second synopses of the case and asked them how much it would be to get started. At that point about 5 of them said they wouldn’t take a man wanting custody of a kid in georgia kind of case. 3 told me they would like to hear more, but that they have never heard of a man winning. And 2 seemed honestly concerned for the child’s well being, so we interviewed those 2 and one stood out hands down.

That is how we chose. A friend of mine went to court on family court day and looked at how all the lawyers interacted with the Judge and the court, and liked one so he asked for his card, and hired him.

What happens if I don’t attend court ordered mediation in a divorce suit in Texas?

The judge in my divorce case (in Galveston County, Texas) has ordered that we come to an agreement or attend mediation before a certain date. I don’t have an attorney, and I have no money (I have filed a response and a counter petition, though). Anyway, the court paperwork says failure to attend mediation and come to an agreement will result in the case being dropped. My wife is trying to bleed me for money, even though I am penniless.

So I guess my question is, If I don’t attend the court ordered mediation (since I can’t afford it), will anything bad happen (other than the case being thrown out)?
BTW: there are no kids, no property, no assets, and nothing to fight over except and old $1000 truck.

Most likely, a warrant will be issued for your arrest at some point, and you will go to jail.

Divorce and mediation?

Has anyone fpund mediation to work when sorting out finances in a divorce? My other half has his 2nd meeting nxt week, the 1st was a sham cos his ex wont agree to anything as she has £ signs flashing in her eyes

We are going for our 3rd session this Monday.

So far,as long as we agree and remain amicable,I should have the seperation agreement signed then. it all depends on the 2 parties…if she plans on going for the jugular, than mediation won’t work. She’ll most likely get her own attorney to do this.

Where do I go to file for child custody?

I want to take my son out of state. I went to see a lawyer yesterday, he told me to immediately file for custody and then leave with the child. I want to know where to go? Court house? Is it just a form or does it have to open a case? Even if I’m not married to the father? I know I’ll have to come back up for court. THe problem is that I have no family here, not one person and no job, I’m a full time nursing student. So I wouldn’t have anywhere else to go.

You have to open a case for custody. Your lawyer was giving you advice that could get you into trouble. The fact that you weren’t married to your child’s father makes no difference in a custody case. The custody case has to be heard and the father of the child CAN request that the child not be allowed to go outside the county he originally resided in, (this is where you could get into trouble). The court then determines what is best for the CHILD not the parents as to whether the child can move or not. If the court says the child has to stay in the same county as the father then YOU will have to move back.