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Getting Started
- Educate yourself about court procedures and the issues in your case. The following are some of the organizations that offer support groups and classes for you and your children:
- If your spouse doesn't know you want a divorce, give some thought to the best way to share this fact. What is likely to be his/her reaction? How should this be taken into account in deciding when and how to get things started?
- Use the support offered by friends, relatives, church, counselors and the like so that you can remain centered and in the emotional state that will make you feel comfortable making important decisions for your life.
- Think about the process that you might want to use to resolve your family law issue. Consider all of the options
SELF-NEGOTIATION -- you and your spouse work out all the details, which are then formalized in the proper court documents.
MEDIATION -- you and your spouse work with a mediator whose job is to facilitate discussions that end up in partial or whole agreements, which are then formalized into the proper court documents. Mediation can occur before anyone does anything to start the lawsuit of divorce or at any time after the case is legally started.
COLLABORATIVE LAW -- both of you have attorneys who are committed to resolving the case cooperatively and who will not represent you in court except in joint paperwork. Very complex cases have been resolved through collaborative lawyers.
ATTORNEY-ASSISTED NEGOTIATION -- for whatever reason, you believe amicable resolution is possible, but you do not have all the information you need from your spouse or you do not feel comfortable working directly with your spouse. Attorney-assisted negotiation can be in person with or without you present or by correspondence. If negotiations fail, the attorney will appear in court on your behalf.
LITIGATION -- there are disputes about the facts or the law or the appropriate resolution which cannot be resolved by agreement, and someone else needs to hear what each side has to say and make a decision. Litigation can take place in court, or it can be referred to a private decision-maker such as an arbitrator or special master, where you have more control over selecting the decision-maker and the timing of the hearings than you would have in a court setting.
PRO SE-- representation in district court or through the child support division of the Office of Administrative Hearings.
COMBINATIONS OF THE ABOVE that are appropriate for different issues, or that may be suitable at different times in the case.
- Think about the immediate impact of starting the family law action. Think also about your long-term needs.
- Consult an attorney for advice about your specific situation.
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