Law Offices of Camille Saltz BabinFactors that impact child custody in Louisiana2021-10-29T19:53:00Z2021-10-29T19:53:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Louisiana judges must make custody decisions based on the best interests of children.
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Louisiana statute
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outlines several factors that play a role in the judge’s decision.
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Which factors do judges consider when
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determining custody
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?
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Factors that determine a child's best interest
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Exceptions to these factors
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This statute may not apply in cases where there is a history of family violence or domestic abuse. In these cases, judges must award custody or visitation according to R.S. 9:341 and 364.
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In most cases, judges seek to implement some form of joint custody. However, judges may elect to award sole custody if a joint arrangement is not in the best interest of the child.
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</div>Louisiana judges must make custody decisions based on the best interests of children. Louisiana statute outlines several factors that play a role in the judge’s decision. Which factors do judges consider when determining custody? Factors that determine a child’s best interest Louisiana statute requires judges to consider all relevant factors when they determine what a child’s best interests are. The…Ask these three questions about taxes when getting a divorce2021-09-23T20:21:00Z2021-09-23T20:21:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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Divorce signals more than just the end of a marriage — it is also the end of a financial partnership. Like all things that involve finances, the Internal Revenue Service (IRS) will likely get involved. Thankfully, the IRS does not tax the majority of the financial split that happens during divorce, but there are some things to be aware of that could trigger taxes. You can help get a better understanding of the role of taxes in divorce by asking these three questions.
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#1: Do I need to worry about taxes if I take the family home?
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If you were buying a home, you would need to pay taxes. If you agree to give up other assets to keep the family home, would you need to pay those same taxes? Thankfully, when the reason for the transfer is divorce the answer is generally no. But you
<a href="https://www.divorcemag.com/articles/10-things-you-need-to-know-about-divorce-and-taxes" target="_blank">
will likely need
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to pay any capital gains tax if you choose to sell your property in the future. Depending on how much the home has increased in value, this could translate to a big tax bill if the plan is to get the home and sell it later.
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#2: What about retirement assets?
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This is where things can get very difficult. It is important to take retirement assets into account during divorce. The money put aside to fund retirement accumulates over the years and is very difficult to make up in our thirties, forties, fifties, and beyond. As a result, it is generally wise to get a portion of these assets during divorce. However, a failure to follow the rules (and there are many) when splitting retirement assets can result in a large tax bill.
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Each asset
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can have different rules
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. Pensions and 401(k)s, for example, often need special paperwork, known as a qualified domestic relations order (QDRO), to transfer the asset without penalty. Explaining the division within the divorce settlement agreement is not enough.
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#3: What about spousal or child support?
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Does the IRS expect income taxes or allow tax deductions for these payments? Child support is pretty clear. The IRS does not consider child support payments as a tax deduction or as taxable income. Alimony or spousal support is more complicated. In the past, divorcing couples could use tax benefits to help justify a larger spousal support, or alimony, payment because the paying spouse could write the payment off as a tax deduction. This is no longer the case. A few years ago the Tax Cuts and Jobs Act (TCJA) led to major tax reform. Part of these changes included the removal of this tax benefit. As a result, divorces finalized prior to 2018 may still get this tax benefit, but those finalized or modified after December 31, 2018 do not.
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Failure to meet the IRS’ expectations can result in a tax audit, which is likely not something you want to deal with after going through a divorce. You can reduce this risk by discussing these three questions during divorce negotiations.
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It is important to note that these three questions are a starting point. Each divorce is unique and will
<a href="https://www.babinlawfirm.com/family-law-adoption/divorce-and-property-issues/" target="_blank">
require tailored discussions
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to better ensure all potential issues are resolved before the divorce is finalized.
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</div>Divorce signals more than just the end of a marriage — it is also the end of a financial partnership. Like all things that involve finances, the Internal Revenue Service (IRS) will likely get involved. Thankfully, the IRS does not tax the majority of the financial split that happens during divorce, but there are some things to be aware of…Should I consider collaborative divorce to settle my case?2021-08-03T21:18:00Z2021-08-03T21:18:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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For Louisiana couples who are getting a divorce, if the case is decided on by a judge, it can be difficult to achieve an outcome that is acceptable to both sides. Many cases are acrimonious and any attempt at a resolution will be useless. For couples who are on reasonably good terms and want to try to reach a consensus without a time-consuming and costly court case, collaborative divorce might be a viable alternative. This is true regardless of a couple’s financial situation, how many children they have and their goals for the future.
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Key points about the collaborative divorce process
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Before moving forward with a collaborative divorce, it is important to understand
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fundamental facts
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about it. In a collaborative divorce, cooperation is preferred in lieu of each side staking out positions with little room to negotiate. Collaborative legal professionals will be present for both parties and try to find common ground. This can create solutions for property division, child custody, child support, visitation and alimony.
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The primary benefit of collaborative divorce is that it can substantially reduce conflict. Circumstances in which couples refuse to budge in their family law case are plentiful. A collaborative divorce encourages bargaining. The parties can reach a temporary agreement while the case is in progress; they can share information willingly; they can set the ground rules and keep from engaging in long-term dispute; a settlement that both sides can live with can be reached; and they can agree how to handle any challenges that arise after the divorce is completed. In
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family law
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, any strategy to cut down on negativity can be beneficial personally, emotionally and financially.
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For some cases, collaborative divorce is a wise path
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Some attempts at a collaborative divorce fail and it is necessary to go to court. Still, if the sides are amicable, willing to be flexible and want to move forward without rancor or an extended court battle, it could be fruitful to explore this option. From the outset, it is useful to be aware of the positives and negatives and to have experienced advice.
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</div>For Louisiana couples who are getting a divorce, if the case is decided on by a judge, it can be difficult to achieve an outcome that is acceptable to both sides. Many cases are acrimonious and any attempt at a resolution will be useless. For couples who are on reasonably good terms and want to try to reach a consensus…What is a postnuptial agreement?2021-06-29T22:35:00Z2021-06-29T22:35:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Most married couples in Louisiana don’t want to think about the possibility of getting divorced. However, divorce can happen to anyone–and if you didn’t sign a prenup or postnup, you’ll wish you thought ahead. If you didn’t sign a prenup, you could sign a contract during your marriage called a postnuptial agreement. The postnup is similar to the prenup, although it does have a few drawbacks.
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Are postnups as effective as prenups?
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Postnuptial agreements
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are becoming increasingly common, but they’re still much rarer than prenuptial agreements. Some states don’t have extensive laws on the books that tell the judge how to deal with postnups. This doesn’t mean you shouldn’t sign one, but it’s better to sign a prenup before you get married. Most judges and family law attorneys can deal with prenups quickly and efficiently.
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Most states treat postnups just like a prenup–they’re valid as long as you didn’t break any laws in the process. However, some states require a “fair and just” postnup that doesn’t give one spouse an advantage over the other. You might want to talk to an attorney to see if your postnup could hold up in court.
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Regardless, a postnup is a valuable tool that may protect your interests in the event of a
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divorce.
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If you didn’t sign a prenup, it’s never too soon to write a postnup. You might also consider a postnup simply because you acquired more assets during your marriage. A prenup can’t predict the future and cover anything that you didn’t plan for, so a postnup gives you extra protection.
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How do you write a postnup?
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An attorney could tell you how to write a postnup and talk to you about the laws in your state. Typically, a postnup involves laying out your finances and deciding how you’ll divide them in the event of a divorce.
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Your postnup could make decisions about property division, retirement fund division and spousal support. Your postnup can’t cover certain aspects like child custody–even if you try, the judge makes the final decision. However, you could make one of the hardest parts of getting divorced much easier on you and your spouse.
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</div>Most married couples in Louisiana don’t want to think about the possibility of getting divorced. However, divorce can happen to anyone–and if you didn’t sign a prenup or postnup, you’ll wish you thought ahead. If you didn’t sign a prenup, you could sign a contract during your marriage called a postnuptial agreement. The postnup is similar to the prenup, although…Why you might want a postnuptial agreement2021-06-01T21:46:00Z2021-06-01T21:46:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Louisiana courts generally recognize the validity of postnuptial agreements, and they are often used to negotiate the terms of a divorce before a marriage comes to an end. As the name implies, these agreements are reached after a wedding takes place. There are several reasons why it may make sense to consider creating a custom marriage contract with your spouse.
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Did you start a business after getting married?
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In most cases, a business is considered to be a
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joint asset
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. However, it may be possible to use a postnuptial agreement to stipulate that you are to retain full control of your firm in a divorce.
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Have you received an inheritance?
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Typically, an inheritance is considered to be a separate asset that is not subject to state property division laws. An exception to this rule may be made if the inheritance is commingled with other joint assets. This may occur if you deposited the money that you received into a joint account. The language of a postnuptial contract can specify that anything that you inherit is to remain in your possession in the event of a divorce.
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Do you regret not getting a prenup?
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It’s not uncommon for individuals to regret not coming to terms on a divorce settlement prior to getting married. This is because it can be used to protect your child’s inheritance, protect yourself in the event that your partner dies or for other reasons that have nothing to do with not loving your spouse. A family law attorney may be able to help you with the process of negotiating a reasonable postnuptial agreement with your spouse.
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An attorney could provide more insight into the potential benefits of a
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postnuptial agreement
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and review the terms of a proposed agreement before they go into effect. This might make it easier to understand what you’re agreeing to before you sign the document.
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</div>Louisiana courts generally recognize the validity of postnuptial agreements, and they are often used to negotiate the terms of a divorce before a marriage comes to an end. As the name implies, these agreements are reached after a wedding takes place. There are several reasons why it may make sense to consider creating a custom marriage contract with your spouse.…What you can’t have in your prenuptial agreement2021-05-01T12:03:00Z2021-05-01T12:03:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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A prenuptial agreement may be an ideal tool to help a Louisiana couple negotiate the terms of their divorce before their marriage becomes official. This type of agreement might be used to clarify who retains ownership of a company after a marriage ends. It can also be used to ensure that children from a previous marriage receive an inheritance. However, it generally cannot be used to determine who gets custody of a child in a divorce or contain language that encourages a spouse to seek one.
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A judge must approve a parenting plan
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While parents can create a custody plan outside of court, it cannot take effect prior to obtaining a judge’s approval. This is because such a plan must adhere to the best interest of the child doctrine. In other words, the parents must do what is best for the child regardless of their own feelings. For instance, you may be forced to share custody of your son or daughter with your child’s other parent even if you don’t think that he or she is a good influence on your child.
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Prenuptial agreements cannot require either party to break the law
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If any part of a prenuptial agreement requires either party to take actions that violate local, state or federal laws, the entire document may be invalidated. A
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family law
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attorney may be able to review the document before it is executed to determine if any of its clauses may encourage illegal behavior.
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Alimony
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Some state courts tend to dislike any clauses in a
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prenuptial agreement
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that limit your rights to collect alimony. A judge will likely closely scrutinize such a provision if asked to determine whether or not the document adheres to state law.
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</div>A prenuptial agreement may be an ideal tool to help a Louisiana couple negotiate the terms of their divorce before their marriage becomes official. This type of agreement might be used to clarify who retains ownership of a company after a marriage ends. It can also be used to ensure that children from a previous marriage receive an inheritance. However,…Can you request child support modification in Louisiana?2021-04-08T21:04:00Z2021-04-08T21:04:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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A child support modification is a way for the Louisiana courts to change the court order that indicates how much a parent is required to pay in child support. The parent requesting the child support alteration must present a tangible change in circumstances that occurred between the original child support order and the modification request. Circumstances can include updated child custody arrangements, underemployment, or unemployment.
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Completing the modification form
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The child support modification form was created by the Louisiana Department of Children and Family Services. The document has boxes that parents must check to verify the need for child support to be increased or decreased. If a family’s situation is not listed on the form, there is a space to describe the situation in writing. For instance, if the parent who had visitation rights now has full or partial
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<a href="https://lasc.libguides.com/c.php?g=463939&p=3171431%20The%20statute%20RS%209:311%20http://legis.la.gov/Legis/law.aspx?d=107356" target="_blank" style="display: unset;">
child custody
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, child support payments may need to be modified.
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Reasons to seek a child support modification
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You must have a valid reason to change the amount of child support you pay or receive. According to Louisiana Revised Statutes 9:311, if the courts do not find sufficient reason to modify a child support order or if the modification motion is dismissed before a court hearing, the parent who requested the modification may have to pay the other parent’s attorney and legal fees.
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Parents who have a child support case that is being handled by the Louisiana DCFS/SES will have a caseworker. It is best to contact the caseworker to pursue the modification process since Louisiana state laws require that DCFS/SES assist you with child support modification if you are the one making child support payments. A qualified lawyer can also assist you if you need to make changes to your child support arrangement.
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</div>A child support modification is a way for the Louisiana courts to change the court order that indicates how much a parent is required to pay in child support. The parent requesting the child support alteration must present a tangible change in circumstances that occurred between the original child support order and the modification request. Circumstances can include updated child…What can damage your child custody case2021-03-13T17:43:00Z2021-03-13T17:43:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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While almost every divorce is stressful and emotionally taxing, those involving child custody disputes have the potential to be even more taxing. If you believe that your being named as the primary or sole guardian of your children after a divorce is important for the wellbeing of your children, you will need to provide proof of that claim in court. However, there are some missteps that you should avoid that can seriously damage your custody case when you pursue child custody in your Louisiana divorce.
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Lack of punctuality
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The court that handles your custody case against your ex will want to ensure that your children are being awarded to a responsible adult. It is important that you establish that you are on time when dealing with matters involving your children. Don’t show up late for court dates and make it a point to always be on time when you are supposed to pick them up from your estranged spouse. It is typically advised that you arrange pickups with your ex at a place with security cameras so your estranged spouse cannot claim that you were late showing up.
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Abuse of drugs and alcohol
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If you develop a reputation for drug and alcohol abuse, a court is much less likely to award you custody of your children. While there is nothing wrong with having an occasional drink, you should typically avoid drinking around your children for the duration of your custody battle. Obviously, drug use is illegal and should be avoided at all times, but it is even more imperative that you do not abuse drugs when you are trying to establish yourself as the best guardian for your children.
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Rescheduling your time with your children
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The court will usually create a temporary child custody agreement that both parties are bound by until the final custody ruling comes down. If you habitually reschedule your appointed visitation with your children, the court will assume that you do not view your time with them as your top priority. Unless it is an unavoidable situation involving work or some other emergency, don’t reschedule your time with your kids.
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Child custody battles can become ugly and it is not unusual for emotions to run high. There are plenty of
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dos and don’ts
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that you should keep in mind. You should employ the services of an attorney who can help navigate you through the process of protecting the best wishes of your children.
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</div>While almost every divorce is stressful and emotionally taxing, those involving child custody disputes have the potential to be even more taxing. If you believe that your being named as the primary or sole guardian of your children after a divorce is important for the wellbeing of your children, you will need to provide proof of that claim in court.…Mediation: A path through divorce with many benefits2021-01-22T15:45:00Z2021-01-22T15:45:00Z<h2 style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px; margin-block-start:1em; margin-block-end:1em;">
What is mediation?
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People often imagine their divorce happening in a courtroom with a judge making decisions that will affect them for the rest of their lives. However, parties can avoid this by mediating their divorce.
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With mediation, parties resolve legal disputes together and with the help of
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a qualified mediator
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, as well as their attorneys. Over the course of mediation sessions, divorcing spouses will discuss issues like child custody and support, property division and alimony and reach agreements together.
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While it can seem impossible to make such critical decisions cooperatively in the heat of a divorce, it is not. Mediators are trained in facilitating communication and helping people find common ground.
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What are the benefits of mediation?
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Taking the next step
</h2>Divorce does not involve two happily married people. It involves people who are hurt, angry, sad, scared and struggling. Because of this, the idea of divorcing peacefully and cooperatively can seem impossible. But the truth is even when divorcing spouses do not get along or like each other, they can work together to resolve divorce-related matters in mediation. In fact,…