Sentences with phrase «contested issues»

Mediators help spouses reach agreement on the contested issues in their divorce and can not advise either spouse without there being a conflict of interest.

Courts and attorneys generally encourage parties to mediate their contested issues to the full extent possible.

If you are unable to agree on all the terms of your divorce with your spouse, you may want to try divorce mediation to negotiate an agreement over the contested issues on your own.

Even if parties are unable to agree or completely negotiate their high conflict divorce, courts will try to get the parties to agree on as many issues as possible to narrow the contested issues that would have to be heard in a trial or hearing.

The litigation process involves resolving some or all contested issues by taking them to a court or before an arbitrator for a decision.

In divorce and child custody cases, the contested issues vary depending on the parties» unique circumstances, but generally they concern with whom the children will reside (physical custody), who will make decisions concerning their religious and educational upbringing, medical care and treatment, and extracurricular activities (legal custody), how the assets and debts of the parties will be divided (equitable division of the marital property), and what kind of spousal support, if any, is to be paid by one party for the support of the other spouse.

Custody can be one of the most hotly contested issues in a divorce trial, because neither parent wants to face that eventuality.

He is not a judge and has no authority to render a decision on your divorce or on any of the contested issues.

The court will rule on all contested issues before it that are set forth in each party's pleadings...

Matters relating to child custody, visitation, and child support are often some of the most contested issues in divorce cases.

If parents agree to joint custody but can not reach a mutually agreeable parenting plan, the court can hold a hearing to resolve the contested issues.

In Tennessee, if a a divorce case is going to involve one or more contested issues, the court is likely to require the parties attend mediation.

Further, the attorneys are contractually barred from bringing contested issues in front of a judge, so they will not be conducting opposition research or take other tactics which tend to tear families apart.

You may also want to consider hiring an attorney to litigate the contested issues.

This is the minimum amount of time that must pass before the court may finalize the separation; however, the process can take longer, especially if there are contested issues.

Although each client has the support and counsel of their own attorney, they will work together, collaboratively, with a team of trained professionals (financial specialists, accountants, therapists, and child counselors) to help them come to win - win, outside the box solutions to any and all contested issues.

Commonly contested issues include custody of the children, payment of spousal support, or how to divide assets and debts.

As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.

Contested issues related to custody and visitation are referred to mediation.

If the spouses refuse to settle, the court will hold a trial to settle all contested issues by receiving evidence from both parties.

Reach written agreement on all issues and concerns without using the court to decide any contested issues

This program utilizes several mental health practitioners in the community who meet with the parties, discuss contested issues and make clinical recommendations to the court on how to resolve disputed issues.

If you and your spouse can not agree regarding the terms of your divorce, it is necessary for you to attend a final hearing so the judge can make decisions about the contested issues.

If you and your spouse can not agree on the terms of the divorce, the court will schedule a hearing to decide these contested issues for you.

I recently returned from a conference of the International Academy of Collaborative Professionals, where approximately 400 attorneys, psychologists, therapists, accountants, and financial planners from all around the world gathered to learn how to help families through collaborative divorce (a process where clients agree to settle their disputes privately and attorneys are contractually barred from bringing contested issues in front of a judge to decide).

If mediation is unsuccessful, however, and contested issues remain, the matter will proceed to trial.

If the couple can not agree on the separation terms either on their own or after working with a mediator, the court will typically hold a hearing to decide on the contested issues.

However, because the collaborative attorneys will not bring contested issues to court, their focus is on finding solutions rather than using the meetings as a tool of opposition research.

If any contested issues involve minor children, the court will also order both spouses to attend mediation.

Couples filing jointly when they have no contested issues frequently use this option.

When agreement between spouses is not possible, the judge will make the final decision on contested issues.

However, if the spouses do not reach an agreement, the court must set a future date for a divorce trial to discuss contested issues.

The stipulation can not leave out any contested issues that require a judge's decision.

If the spouses can not agree, either one may ask for a trial on any contested issues.

Some Tennessee judges will not schedule your contested divorce for trial unless you and your spouse attend mediation first to try to settle the contested issues on your own.

If the Application for divorce is made by way of a joint Application for divorce (there are no contested issues between the parties), evidence given by written affidavit will usually suffice, meaning that a court appearance may not be necessary.

Calgary Interim Spousal Support Lawyers know that these initial Calgary interim spousal support awards can be too high or too low because the court could not assess self sufficiency or the correct incomes of self employed persons on incomplete or disputed evidence or decide who was right on hotly contested issues of what each spouse really earned or what their real expenses were monthly.

Where there is a need to resolve contested issues of fact, especially those connected with a threshold issue, such as entitlement, it becomes less advisable to order interim support: L.G.B.

Interim orders are always subject to being replaced at the time of trial when more complete evidence is presented, witnesses are examined under oath and they are cross examined and expert evidence on contested issues can be assessed.

Bifurcation can be a useful method of litigating claims where a decision on one portion of the case may resolve with finality other contested issues without requiring trial on those issues.

Imagine judicial candidates taking public positions on custody, alimony, marital property and other hotly contested issues.

However, in order to settle the contested issues, the court will schedule a hearing, during which your respective lawyers can negotiate the disputed issues.

So it really should come as no surprise that outside of child custody, financial matters are typically the most highly contested issues in a divorce.

If the judge so desires, the account also may reflect who the judge is as a person, as well as a judge, so long that the judge is careful not to implicitly or explicitly convey the judge's opinions on pending or impending cases, political matters, or controversial or contested issues that may come before the courts.

For a contested divorce, both you and your spouse will usually need lawyers, there will be multiple court appearances and possibly a trial before the judge decides the contested issues and grants you and your spouse a divorce.

The parties are also ordered to provide the mediator with separate and confidential mediation statements detailing their positions on the contested issues.

2010), affirmed, with one seemingly insignificant modification, the family court's ruling on the three contested issues.

In situations in which one's client is unlikely to be awarded fees, either because that client has vastly superior financial resources or is unlikely to prevail on contested issues, it may be counterproductive to seek fees — thereby leaving one's billing records open to disclosure.

This is often one of the most contested issues in divorce and as such, we handle the sensitive matter with compassion.

Generally child custody is one of the most contested issues in a divorce proceeding.