In Part 1, we discussed an ID divorce without children and child custody. In many cases, a divorce that starts out as an ID divorce turns into a “contested” divorce. In the case without children, there is a dispute about property division. Although the courts are happy to hear these issues, you have to realize that they have many other types of cases on their agenda. This is when mediation helps. In mediation, the parties ultimately agree on the resolution. So, you do not have to have a third party issue an order that everyone has to abide by, in other words, an order that has not been previously agreed upon.
If there are children, then there may be many issues. If there is threatening or hostile behavior, then you may need to file for an Order of Protection. In most cases, there is a dispute over who will be the primary residential parent, the allocation of parenting time and child support. Again, these are issues that are best handled in mediation. When children are involved, there is not only an MDA, but there is a Permanent Parenting Plan (PPP) and a Child Support Worksheet. When children are involved, there is a 90 day waiting period.
In the mediation process, you can decide how future issues will be resolved. Typically, this is by using the mediation process again.
If the parents simply cannot agree on anything, then your recourse is to bring the issues before the judge and have them decided in court.
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