I was under the impression that we needed to have all the details worked out before one could file. Calling mediator now.
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
Then called W after looking at mediator's website. I read that she could do post nuptial agreement and represent the two parties but if someone is going to file for D. then she would represent her.
I told W this info and she said she called her and is waiting to hear back from her.
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
W called back and said that the mediator will draw up the contract then one of us needs to take it to a L to file.
Guess I know which way W is thinking now.
I did suggest we meet with Mediator.
so agian what's my next move?
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
W called back and said that the mediator will draw up the contract then one of us needs to take it to a L to file.
For starters, Gr8, you need to stop communicating on something as important as a legal action, THRU YOUR WIFE. If the mediator truly represents the both of you, you should ONLY be making your decisions based on your OWN communication with her.
As I always say on here, there's a reason they put that little "v" between the names of the parties in these things. It's ADVERSARIAL. And your wife is your adversary.
OK, so moving forward- no more tlaking to W about anything the mediator can handle. Time to protect myself extremely well.
If this R survives I will be totally shocked. But I have learned never to say never.
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
I'm not sure if the state laws vary with mediation but a mediator does not represent anybody they simply act as a neutral third party - a "go between" really. My attny was also a mediator (but not in my case) and he wouldn't mediate ANY case unless both parties had legal counsel retained (not his counsel).
Do not agree to ANYTHING via the mediator until you have an attny review it.
Some mediator. Have you ever even MET with this woman???
I have not met her, I only spoke to her on the phone.
Bomb 8/09. Brief piecing 12/10. D-2/12 Two incredible kids D9,S6 Leading new life! “Success is not to be pursued; it is to be attracted by the person we become."
In Mediation, the couple proceeds through a series of steps. Briefly these are:
1. Both spouses attend an orientation session in which a detailed explanation of Mediation is given. Parties are encouraged to have separate counsel to advise them of their legal rights as they go through the process of mediation. 2. After the couple decides to mediate, they sign an Agreement to that effect covering the scope of the Mediation. At that time they will also sign a Fee Agreement and are asked to make a deposit covering the cost of the orientation and a retainer fee against which the time of the Mediator will be billed until depleted. The unused portion of this deposit is returned upon completion of Mediation. If depleted prior to the completion of the Mediation, the Mediator may require an additional retainer. The Mediator may also allow payment on a session by session basis with a smaller initial retainer requirement to be applied to fees incurred in addition to the sessions, such as the drafting of the Agreement, telephone calls, research and administrative costs. 3. At the first Mediation session, the couple may enter into a temporary agreement for the duration of Mediation to address those concerns that require immediate and necessary resolution. 4. The remaining sessions are used to help the spouses arrive at decision concerning any or all of the following: * Division of Property * Spousal Maintenance * Child Support * Parenting Schedules for the Minor Children * Any other Topic or Issue Agreed Upon by the Parties to be addressed by the Mediator 5. The mediation culminates in a Memorandum of Agreement which outlines the specifics of the couple's separation agreement. 6. As the last step, the couple may consult with one or two attorneys concerning the settlement reached. Typically they will have various questions regarding the tax implications of their settlement. One attorney will then prepare a final Settlement Agreement incorporating these elements agreed to in Mediation. Once the couple signs this document, they may then have it made part of their Divorce Decree.
