Lawsuit has been filed,defendant has been served,have gone through discovery,just wondering an average time frame until mediation usually is?
Mediation can occur as soon as both parties agree to attend mediation, which can early or late in the litigation process. Additionally, many courts now have local rules which require the parties to attend mediation before the case can be set for trial. Finally, if there is no local rule requiring mediation and the other party is not willing to participate voluntarily, you can file a motion with the court seeking an order for mediation in your case. However, ordering mediation does not imply that any resolution will be reached.See question
My ex and I are going to court next week for pretrial divorce hearing. Neither of us have a lawyer. It's probably the easiest divorce on record. No kids, property, assets of any kind. Neither of us wants anything from the other. I'm having trouble...
There are many lawyers and mediators who can assist you in drafting all the necessary documents to have your divorce finalized and approved by the court. Ask about "unbundled legal services" which allows a lawyer to assist you without formally representing you. Additionally, mediators who are licensed attorneys, in many states, are also allowed to draft all the necessary required court documents to have your cased finalized.See question
My boyfriend and I have been together for two years with the intentions of marriage. We refer to each other as husband and wife. He is currently is jail for an accusation and I am considered a potential witness. Can I use common law marriage as a ...
Common law marriage is based upon the history of two parties 1) living together, (no specific term is required or automatically creates a marriage) 2) agreeing they are married, and 3) holding themselves out to the public as being married. There are many possible indicators of their agreement that they are married beyond the explicit verbal expression of marriage such as filing tax returns together, buying insurance as husband and wife, filling out credit applications as husband and wife, opening bank accounts as husband and wife, the woman taking on the husbands surname, telling friends they are married, etc. If the parties are common law married, they must go through a formal divorce process with the court system as there is not common law divorce process.See question
my sons father is the petitioner in custody case and so far he has missed visits and now mediation i also have a restraining order against him for domestic abuse what now?
You should contact an attorney to assist you. If there is a domestic violence case against him, and he is not showing up for visitations, many if not most courts will restrict visitation until both DV counseling has been completed and a history of reliable appearances for limited visits has been established.See question
My sons father and I signed an agreement in mediation that he would take my son to preschool on the days he has him-we were court ordered to mediation. It is signed by me, him, and the two mediators that were present. I filed it with the court and...
You should contact the court clerk where your case is filed and the division clerk that your case was assigned to. First, see if the mediation agreement was ever entered by the judge. It could have been. If not, ask if you will need a hearing date to get it approved by the judge, and if so, for a hearing date to get it entered as an order. As a procedural matter, most stipulations (agreements signed by both parties) are entered by judges without court appearances by the parties. However, if this agreement was drafted as part of your original divorce action, then it will require a court appearance before a judge can approve it.See question
My husband filed without letting me see the return and electronically signed for me and made up passwords and pins which he refuses to tell me. Of course he is routing it all to his accounts. He did not have my consent to file, especially without ...
You can request a copy of all the tax returns he has ever filed in your name directly from the IRS. In addition, there is an innocent spouse exemption that you may qualify for if there are taxes or penalties owed. You may also have a civil claim against him for your share of any refund due or previously paid for 2011 if you file for divorce in district court this year.See question
I need it to change my driver's license.
Go to the domestic relations clerk at the courthouse where your divorce was entered and ask for a certified copy of your decree. You will need an original for the Department of Motor Vehicles to change your name on your license.See question
If the custody has now changed and the Respondent is paying child support due to a custody modification, does the tax exemption still apply to the Respondent?
Your status regarding your legal right to claim the tax dependency exemption for a minor child should have been set out in your original parental responsibility plan. It is independent of who has been awarded custody/primary care of the children. Unless the court also modified that part of the order, the original order still applies. If the original order was silent, you may need to ask the court to enter an order on this issue. This is important since current IRS automation will reject a return that lists a social security number that has already been claimed on someone else's tax return. This can take many months to unravel if you both try and take the dependency exemption for the same child on your taxes.See question