Not all divorces end in mutual agreement and peace between spouses. Sometimes, there can be disagreements either on one issue or on all issues including spousal support, child support, child custody, and the division of marital assets, property and debts. When this occurs, the best option to streamline the divorce process is to use divorce mediation. This involves working out disagreements between spouses to find a solution for each contested issue. If you require divorce mediation, then finding a professional and experienced divorce lawyer who knows about divorce mediation is your best option.
Our divorce attorneys at ELKINS & MUIR, P.L.L.C, can help you settle disagreements between you and your spouse and help you find a solution that works best for both of you. We can also help you fill out the necessary divorce forms, inform you of the steps in the divorce process, and get you the peace of mind that you deserve from your divorce. Divorces can be stressful and emotionally exhausting so let us take the burden and evaluate your case today.
What Is Mediation?
Mediation is not only used for resolving disagreements between spouses. It can also be used for parents to be able to make their own decisions about their children during a divorce. They can sit down and talk about how they want to deal with child custody, child support, and spousal support. Mediation is mandatory if spouses have minor children. Most judges encourage mediation if there are disputes regarding the noncustodial parent’s visitation rights and who will make legal decisions for the children.
As previously stated, the family court will order parents to attend mandatory mediation, but parents can also request a mediation session by filing a petition for mediation. The purpose of mediation is to focus on the future and help parents figure out and compromise on how they will spend time with their children and if one or both parents will make legal decisions for the child. However, mediators are not divorce lawyers and mediation is not a substitute for legal advice. It is still important that you consult with a lawyer who has experience with dealing with child custody issues and divorce mediation. Our custody lawyers can help you with this process and give you advice that will be most helpful to you.
Grandparents Have Rights
During a divorce, grandparents want to ensure that they can still visit with their grandchildren. A divorce can be taxing on the children just as much as the parents and having family support can help with the emotional toll caused by a divorce. Grandparents can petition for visitation as long as it is in the best interest of the children and they meet one of a number of criteria including that the parents have been divorced for at least three months. To file a petition, the grandparent would have to file in the home county of the child unless there was a previous custody case at which point, they would have to file in the county where the custody case occurred.
When deciding on grandparent visitation, they will take into account the best interests of the children and how the parents feel about the visitation. Judges will take a look at the grandparents’ relationship with the child, their motivation for visitation, how much visitation they request, and if it will disrupt the child’s current schedule. If granted, the courts likely allow grandparents visitation during the time that their child has custody of the minor(s). For instance, if the parents live separately, the grandfather can visit the minor(s) when their child, the father, has custody of the children.
We Have The Experience You Need
The divorce process can create tension between family relationships and cause stress for everyone. Hiring an experienced family law attorney is recommended to help you resolve any disputes. At ELKINS & MUIR, P.L.L.C, we have years of experience handling divorce, child custody, child support, spousal support and mediation. We will evaluate your case and discuss what options are best for you. Call us today at 520-219-4040 or send an email using the form below.