How do online family mediations work?

Online family mediations are like in-person mediations. You, the other party and the mediator meet virtually to discuss your family legal issue. The mediator helps you identify the underlying issues that need to be resolved, as well as your mutual interests of avoiding litigation and looking after your child’s best interest. The mediator may talk to you and the other party together at times or separately at other times. If you and the other party reach an agreement, the mediator draws it up in writing and you both sign it.

What do I need to bring to my virtual consultation?

The most important things that you can bring with you to mediation are a willingness to compromise and flexibility. Mediation allows you to reach your agreement on your terms, so you can truly customize the agreement. You may also want to bring any documents that can help establish your position, such as payment records, court documents or photographs. Mediation can take a while to hammer out all the details, so also have snacks, bottled water and a form of entertainment available for when the mediator is talking to the other party.

What does Pro Se Divorce mean?

A pro se divorce is a divorce that is completed without any lawyers involved. Pro se, which is Latin for “on one’s own behalf” means one or both of the divorcing spouses are handling all of the obligations and responsibilities involved in the divorce. They are filing any paperwork needed to complete the process and they are representing themselves during any negotiations. There are pros and cons to approaching a divorce in a pro se manner.

How do I file a pro se divorce?

The pro se process begins with ensuring you qualify to file for divorce in your state and then filing the petition for divorce with the local court. It is also important to determine if no-fault divorce is an option in your state or if you will need to include grounds for divorce when you file. Bring two copies to your local Court Clerk to be stamped and filed. Finally, pay the fee for filing and arrange for your spouse to be notified that you have filed.

How long does Pro Se Divorce take?

The length of time it takes to finalize a divorce in a pro se divorce varies from state to state and situation to situation, but in general, it will take about 90 to 120 days. There is a waiting period after you file and your spouse is served and returns to the paperwork to the court to the date things can be finalized.

What typically happens if I go to court to obtain my divorce myself?

You are expected to meet all of the same obligations in court whether you are representing yourself or if you have an attorney. If you and your spouse have already negotiated a divorce agreement you will need to answer any questions presented to you by the court. In some cases, you will need to present evidence, which can make the situation more complicated. Obtaining a divorce on your own is best for uncontested and uncomplicated situations.

How long after mediation is divorce final?

Divorce mediation is known for saving time and money. Every situation is different and the timeframe for finalizing a divorce through mediation varies from case to case. However, the average length of time it takes to finalize a mediated divorce from start to finish is about three months. How long it takes once mediation is complete depends on how long it takes the court to give final approval of the mediated arrangement.

What can I expect at a divorce mediation?

During a divorce mediation, the mediator consults with each spouse and discusses their desires and concerns. Spouses can also be brought together into the same room to discuss their options. The various issues that arise during a divorce – division of assets, custody, spousal support, etc. – are negotiated and a tentative divorce agreement is put into place. The court must approve the final agreement, but in most cases, divorcing spouses are in control of their arrangement as long as they agree.

What are the benefits of divorce mediation?

Divorce mediation offers many benefits. It takes less time to negotiate a divorce agreement, so parties are able to resolve their issues and move on with their lives. Families that use mediation to end their marriage tend to have better relationships going forward and are better able to co-parent and make decisions without strife. Mediation gives couples complete control over their situation and allows them to create an agreement that is customized to their needs. Mediation also tends to be less expensive, though this varies from case to case.

How does divorce mediation differ from going to court?

Mediation is different from court because it takes less time, it is less complicated, it allows divorcing couples to have control of their situation, and it typically costs less money. Ending a marriage through litigation is a formal process that is time-consuming and typically results in a lot of hard feelings. It also gives control to the court and a judge determines the outcome instead of the people directly involved.

Will I be left with a legally binding agreement in divorce mediation?

Yes. Spouses that choose to mediate their divorce have control over the negotiation process and can walk away from the process at any time and pursue other avenues of resolution. However, once the agreement is finalized and the court signs off on it, what has been agreed to is a legally binding document. In order to make changes, the court would need to become involved and an official process of making a chance would be required.

When is divorce mediation not appropriate?

Mediation is extremely beneficial and has made the process of divorce much easier for many families. However, it is not right for everyone. If one spouse does not want a divorce it makes negotiating a divorce settlement extremely difficult. When one or both parties are unwilling to negotiate and make compromises, mediating the divorce can be a challenge. Some skilled mediators are able to work in these difficult situations, but the process is not always successful. If a marriage involved abuse mediation is not recommended.

Can My Ex-spouse Prevent Me From Moving?

bigstock-one-caucasian-couple-man-and-w-32115563-237x300 No. You (the “Relocating Party “) are free to move anywhere you want. However, if your ex (or any other individual with court-ordered custody or visitation rights) (the “Non-relocating Party”) objects to the children’s relocation, you will need the Court’s approval to take the children with you.

The Relocation Statute

Pursuant to Indiana Code 31-17-2.2, any Relocating Party who has or is seeking custody or parenting time must give written notice (the “Notice”) of his or her intention to relocate: 1) to the Court with jurisdiction over the children and 2) to the Non-relocating Party. Notice must be sent by Certified Mail and must contain all of the information set forth in the statute. These requirements apply to both custodial and non-custodial parents regardless of whether they are moving across the country or across the street! The required information includes, among other things, the following:

The new address and telephone number.
The statement of the reasons for the proposed relocation.
A proposal for a revised schedule of parenting time.
A statement informing the Non-relocating Party that any objection to the children’s relocation must be filed within sixty (60) days after receipt of the Notice, and
A statement informing the Non-relocating Party that they may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.

What Happens If The Non-Relocating Party Doesn’t Object

If the Non-relocating Party fails to file an objection within sixty (60) days of receiving the Notice, the Relocating Party may move and the current custody, parenting time and child support orders will remain in place.

What Happens If The Non-Relocating Party Objects?

Within sixty (60) days of receiving a Notice, the Non-relocating Party may file a motion seeking a temporary or permanent order to prevent the relocation of a child and/or a petition to modify the existing custody, parenting time, child support or grandparent visitation orders. Objections are rarely filed unless the relocation will take the child a significant distance away from the Non-relocating Party. If the Non-relocating Party files such a motion and requests a hearing, the Court will set a date for a full evidentiary hearing.

Initially, the Relocating Party must show that the intended move is being made in good faith and for a good reason. An example of a “good” reason to move a child away from the Non-relocating Party might be a better job opportunity that will significantly increase the child’s standard of living. An example of a “not so good” reason might be a desire to move in with a new significant other. Some courts have even ruled that a desire to move closer to one’s parents is not a good reason for taking a child away from one of HIS parents. If the relocating parent intends to move for a “not so good” reason, then the children will not be permitted to relocate.

If the Relocating Party proves that the relocation is being made in good faith and for a good reason, then the burden of proof switches to the Non-relocating Party, who must show that the relocation will not be in the child’s best interests. This evidence may include proof that:

The child has significant ties with the Non-relocating Party that cannot be maintained if the child moves,
The child has significant ties with other family members that cannot be maintained if the child moves,
The child has significant ties in the community, school, or church, that are in the child’s best interests and cannot be maintained if the child moves,
The Relocating Party has a pattern of attempting to alienate the child from the Non-relocating Party,
The benefit of any pay increase is lost because of the increased living expenses in the new city,
The benefit of any pay increase is lost because of a decrease in child support and increased expenses associated with transportation for parenting time.
Schools in the new city do not compare well with the schools where child
The new city may have more crime or juvenile delinquency as shown by a comparison of police reports.

After all the evidence is admitted, the Court must weigh the statutory factors normally considered in a change of custody – in addition to the factors associated with the move itself. The Court will then render a decision as to whether the relocation is or is not in the child’s best interests. If the relocation is not in the child’s best interests, the non-relocating party will be awarded custody and the parenting time and child support orders will be appropriately modified.

Should I Reconsider a Move?

Probably – A move across town is not likely to result in an objection. However, while your ex-spouse cannot prevent you from moving, any custodial parent contemplating a long-distance move away from an involved non-custodial parent should think long and hard before making that decision. The risks of losing custody are high in a relocation case, and the cost of litigation is expensive. Worse yet, regardless of the outcome, parents frequently lose the ability to co-parent following a relocation litigation. You should talk to an attorney before you make this decision. You should also talk to the Non-relocating Party to find out if he or she would object to the move. Please note, however, that you must file the Notice even if the non-relocating parent has no objection.

In the long run, the real loser in a litigated relocation case is the child who will be separated for long periods of time from one or the other of the two most important people in his or her life. That fact is the one to reconsider.

Can I Reduce the Likelihood of Litigation If a Move Is Mandatory?

Yes – If you determine that your relocation is absolutely mandatory, there are a number of things you can do that might reduce or eliminate the need for litigation. Here are some examples:

Acknowledge to yourself that the Non-relocating Party (assume that we are talking about the noncustodial parent) is every bit as important to your child as you are.
Figure out in advance all the ways you can keep your child connected to the Non-relocating Party if the child relocates with you. Be sure you offer the same parenting time schedule you would want for yourself if the Non-Relocating Party wins custody. For instance, some of the things you might do to stay connected would include:

I) Arranging Skype conversations at a set time every day.

II) Creating a parenting time calendar that results in the same number of overnights currently being exercised (such as longer summer or Christmas parenting time, every Spring Break, or long weekend visits for every Monday or Friday Holiday).

Plan on paying a greater share of transportation costs or reducing the child support obligation since the relocation benefits you.
Do not file a Notice of Intent to Relocate without first having a private conversation with the Non-relocating Party.
Acknowledge to the Non-relocating Party that he/she is every bit as important to the child as you are.
Show the Non-relocating Party all the ways he/she can stay connected to the child if you move and then ASK for cooperate in the relocation effort.
Show the Non-relocating Party all the ways you would want to stay connected to the child if the Court awards custody to the Non-relocating Party.
Don’t “assume” you will win. That assumption will almost certainly prevent you from negotiating a good outcome.

Carol offers free consultations and will schedule flexible appointments in order to accommodate your work schedule. Schedule your FREE consultation today.

I’m the Custodial Parent – Can my Ex-Spouse Prevent Me from Moving?