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Contact Dan Ambrose directly for fast answers to your Family Law Questions at the Office at (248) 624-5500, or contact Dan at his cell phone at (248) 808-3130. You can also reach Dan by email at daniel@ambroselawgroup.com
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| Divorce |
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Are You Thinking About Filing For Divorce? |
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Are you ready to file for divorce? |
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Have you been served with divorce papers? |
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Are You Thinking About Filing For Divorce?
If you are thinking about filing for divorce, there are some things you want to keep in mind:
- Are you financially prepared to file for divorce? You need to keep in mind that there will be court costs as well as fees if you decide to hire an attorney. You may need to save some money for some of these costs. Sometimes when a person files for divorce, certain asset accounts can be frozen, so you may want to put some money aside in case you need it during the divorce.
- You may want to gather a list and obtain the actual statements for all of your assets and debts, including pension and IRA accounts and credit card statements.
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See the Steps for Divorce |
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Are you ready to file for divorce?
If you are ready to file for divorce, you should be aware of. If you have minor children, click here.
If you are ready to file for divorce, and you do not have minor children,
click here.
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See the Steps for Divorce |
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Have you been served with divorce papers?
If you have been served with divorce papers, you need to move quickly. An Answer to the Complaint for Divorce must be filed with the court within 21 days after you are served. An Answer is a paragraph-by-paragraph response to the Complaint for Divorce. If you do not file an Answer with the court, you risk having a Default entered against you. If a Default is entered against you, you may not have a say in how your property is divided or what type of custody and parenting time you have. Of course it is always best to hire an attorney to prepare an Answer and to represent you; but an attorney is not required.
The first step after the initial consultation with your attorney and all the necessary information is given, is for the attorney to file a Summons and Complaint for Divorce. Many times, along with the Complaint, the attorney may submit temporary orders to the Judge for their review and signature. Temporary order can be for custody, support, alimony, mortgage payments, medical payments, visitation, injunctions, and other relief may be requested at any time during the time you start your case. A temporary injunction restrains a party from doing something like restraining a party from selling, disposing or dissipation of assets. The person who files for divorce is called the "Plaintiff."
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See the Steps for Divorce |
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Serving the Complaint on the Defendant |
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- The Complaint and Summons are served on the Defendant (either by another person or by other means)
- The Defendant may file an Answer to the Complaint, which is, in effect, a paragraph by paragraph response to the Complaint
- If an Answer is filed, the case is considered "contested". ?If the Defendant does not file an Answer and no action is taken by the Defendant, an order of default is entered, indicating the Defendant's lack of response, and case becomes an uncontested divorce case.
- The Defendant may desire to file his or her own Complaint. This is known as a Counter-Claim or Counter-Complaint and this must be answered by the Plaintiff.
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Cases that Result in a Settlement |
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Many cases result in a settlement. Here are the steps that the process usually follows: |
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- Schedule a settlement meeting where the attorneys and the clients sit down and try to work out a settlement.
- The court may appoint a mediator if no settlement is reached.
- If no agreement is reached, the mediator might make a recommendation to the court.
- An arbitrator, if appointed, makes a decision that is binding on both parties. An Arbitrator is rarely appointed.
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Reaching a Settlement |
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If settlement is reached, the parties will be asked to sign a property settlement agreement containing the provisions of the settlement, or they may be asked to approve the final Judgment. Further, the parties may be required to approve the settlement in court, before the judge, after it is placed on the record.
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Divorce Mediation |
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Many people who do not settle the case on their own use mediation. Using mediation to negotiate a divorce agreement is almost always going to take less time, cost less, and result in a more solid agreement than using a lawyer to take the same case through the courts. When you are going to have an ongoing relationship with your ex-spouse, such as when you have kids together, mediation can help to improve communication and make your future interactions a little bit easier.
The mediator remains neutral between the husband and the wife. That means the mediator can't give advice to either party, and also can't act as a lawyer for either party.
During the mediation process, most mediators have the parties in separate rooms and they will go back and forth between the rooms to discuss and negotiate the other’s position. Sometimes a mediator will have the parties and their lawyers all in the same room when they feel it will be beneficial.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they're trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Mediation works in approximately 90% of cases.
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Arbitration |
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Arbitration and mediation work the same, the difference is that normally Arbitration is binding on the parties. In other words, the Arbitration makes a decision, like a Judge, which cannot be appealed except in limited circumstances.
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Judgment of Divorce |
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The Judgment of Divorce is the most important document you will receive. After a settlement is reached and/or the case is tried, the Judgment of Divorce will be entered by the court, as your final decree, granting you a divorce. It will also contain clauses dealing with such matters as alimony, custody, child support, visitation, insurance, dower rights, property settlement and other miscellaneous clauses. If a settlement has been reached, you must carefully read and examine this Judgment, and have your attorney explain it to you before you approve it. |
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Who is the Friend of the Court? |
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The Friend of the Court: The Friend of the Court is an arm of the court, which is used to assist the Court. They usually make recommendations as to alimony, support, custody, and visitation rights. They also collect and distribute alimony and support payments. They also may seek enforcement of court orders dealing with support, visitation rights, and alimony. The court may use the Friend of the Court for other miscellaneous duties. The parties and attorneys may agree to have the Friend of the Court do an investigation and make a recommendation as to the issues of custody, parenting time, or child support.
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