Is Mediation an option if we are not married?
Yes. Unmarried couples with family law issues may choose mediation as a process to resolve issues when they separate. This can include issues pursuant to a paternity action or non-court resolution of financial or child-related concerns
What choices do I have to get a divorce?
You can choose to represent yourself, each hire a lawyer in a traditional process, each hire a collaborative settlement lawyer, or jointly retain a neutral lawyer mediator. Learn more about the different divorce process options. Costs vary greatly for each process. Learn more about the costs for each process.
What is the traditional court process?
The traditional process is a court-based adversarial approach for legal disputes. Lawyers are hired to advocate for each person’s positions. If no agreement is reached about children, you must participate in court-connected mediation and a Guardian ad Litem lawyer can be appointed for your children. If you have still no agreement, a formal trial occurs, and a judge makes the final decisions about finances and children.
Do I need to hire a lawyer?
That is up to you. You need to assess what you need to make informed and durable legal agreements. Working with a neutral lawyer in mediation provides legal education and supports well-informed decision-making. We encourage parties to consider consulting with an individual lawyer to obtain legal advice and can provide referrals, but the ultimate choice is yours.
Can we represent ourselves?
Pro Se is the legal term for self-representation; it is also called the “kitchen table” approach. When you choose to represent yourself, you must make all legal and financial decisions and complete and file all legal documents on your own. Family Mediation Center is a helpful resource for pro se individuals seeking education and assistance in navigating the court process. This helps you avoid mistakes and reduces the likelihood of returning to court in the future.
When and how do I propose mediation?
You may suggest a joint consultation at Family Mediation Center with your spouse to obtain information and understand process options and legal procedures before making a decision. It is important to decide on a process and then get educated about the legal/financial/child impact of decisions before you start negotiating outcomes. You may choose to meet with a child or financial specialist before or after meeting with a legal mediator.
How long will the mediation process take?
It depends on your level of commitment, communication, and needs. The process ends when you reach an agreement on all issues. There is a mandatory 120 waiting period from the time of filing. Though some couples have issues that take more time, a target goal for most mediation couples is four to six months to complete an agreement so the mediator can obtain a final hearing date for court approval.
What do we need to decide about our children?
You need to decide joint or sole legal custody (major decision-making such as medical, educational, and religious decisions) and placement (the schedule of time with each parent including school year, vacations, and holidays) and child support/expenses. It is also important to have a plan for communication and resolution of other parenting issues that may arise.
How do we create a Parenting Plan?
You will work directly with a child specialist to create a plan that works for both of you and your children. The child specialist will help you focus on the needs and interests of your children and draft a plan that addresses all important topics and reflects your agreements as parents. Check out our Blog posts about children and divorce to understand how to create a plan focused on your child’s well-being.
What is child support?
Child support is monthly payments paid by one parent to another for the support of the children. There is a state formula for child support that you can choose to use or not. Child variable expenses, such as education and activities, must also be allocated.
What is maintenance and how will it be determined?
In an action for divorce or legal separation, maintenance must be addressed. Maintenance, also called alimony, is monthly payments by one spouse to the other for the support of the spouse. There is no standard formula for determining maintenance. Decisions about amount and duration are based upon a number of statutory factors. Two of the key factors are the length of the marriage and the difference in the income of the parties. Maintenance is awarded based upon legal considerations of support and fairness.
What is property division?
In divorce or legal separation, property division is the allocation of all assets and debts. Unless you have a prenuptial agreement, the starting point is an equal division of all assets and debts. Gifted and inherited property may be excluded from division.
Can we mediate with FMC if we do not live in the area?
FMC provides the option of online mediation via Zoom for Wisconsin couples who do not reside near our mediation center or who prefer the convenience of virtual meetings. See our webpage for more information.
Contact the Family Mediation Center Today
|
Address: 126 North Jefferson Street, Suite 200 Milwaukee, WI 53202
Phone: 414-939-6707 Email: [email protected] We offer online mediation services throughout the State of Wisconsin. In-person mediation services are available at our Milwaukee office location. |
