The final date before the Judge in a divorce case is often referred to as the prove-up date. It is where a recitation, including testimony of the petitioner, is presented before the court. It is basically a final request by the petitioner to have a Judgment for Dissolution entered before the court so that the terms of the agreement become embodied in a court order.
The first part of the prove-up is the introduction by the attorney. The attorney will set the facts to be presented before the court. The attorney will tender to either the Judge or the Clerk of Court the appropriate documentation in order to proceed. The documents typically include:
1) Proposed Judgment for Dissolution;
2) Settlement Agreement;
3) Joint Parenting Agreement (if applicable);
4) Stipulation by the parties;
5) Military Affidavits; and
About the author: David M. Siegel is an attorney practicing divorce and family law. Additional information is available at http://www.divorce-lawyers-newyork.com .
Some couples decide they will try to reach a settlement before they file for divorce, and engage in mediation only to find they cannot come to any agreement. Other couples are never able to mediate any issue, and end up with a judgment after months (sometimes a year or two) in litigation. In between, there are those who attempt mediation at one point, reach no agreement at first but do so at a later time short of the trial date.
What is the difference between them? And, if you want to avoid the emotional and financial impact of divorce litigation, how can you tell when you can benefit from mediating your divorce before filing for divorce at your local courthouse?
To answer these two questions, it may help you to determine what degree of trust you and your spouse still have for each other.
A certain (minimum) degree of trust between parties is important to any meaningful mediation, but more so in a family case because of the emotional ties between the parties.
Lack of trust alone can derail any mediation because the party lacking trust in the other will be weary during mediation negotiations. This can result in either a short mediation, where the distrusting party ends the mediation abruptly at the first sign of what he or she may perceive as the other party’s game. Or, it can also result in negotiations taking longer.
About the author: For more information on mediation, visit http://www.peacefulfamilyoptions.info
Vivian C. Rodriguez is a national consultant on case strategy on litigation and alternative dispute resolutions for parties headed for divorce court to avoid expensive and emotionally frustrating divorces. In Florida she is a family trial attorney and certified family mediator.
When it comes to divorce, many couples assume that they will have to go through a lengthy legal process that is both expensive and emotionally devastating. Divorce mediation, which is an informal legal process, is one alternate to an otherwise costly trial. As the name implies, mediation is the process where a neutral third-party presides over the agreement of a divorce as made between a husband and wife.
Not only is divorce mediation a faster process than a trial case, it can also be much less expensive. Whereas a trial procedure can last for months or even years, a divorce settled through mediation can often conclude in much less time providing both parties are cooperative during the discovery process and are flexible as to when mediation meetings can be held. Although informal, the mediation process is very much a legal process and must be approached accordingly. Because the mediator is impartial, both the husband and wife are often encouraged to seek the independent advice of a divorce attorney. Whether it’s simply to be present during the mediation process or to offer recommendations and help to make their client aware of his/her rights, a divorce lawyer may help the mediation process to move forward in a timely manner.
So, just what makes divorce mediation more affordable than a court trial? For one thing, the attorney fees will be less expensive because of less research, time and not having to record depositions. The more time your attorney spends working on a case and the more research he/she is required to do, the higher the attorney fees will be. Regardless of the approach, a divorce is an expensive process. The good news is, however, that there are ways to keep the costs at a minimum and one of those ways is through divorce mediation.
In order to effectively complete a divorce through mediation, both parties must be willing to attend regular appointments with the mediator and should also be cooperative throughout the discovery process and questioning. Topics that require agreement include, among others, alimony, the division of assets and child custody. Once both parties agree to the terms of their divorce mediation, a court date will be scheduled for the final hearing.
