Does Legal Separation Always End in Divorce?

Legal Separation is a legal procedure that allows married couples to spend time apart for a variety of reasons as two separate or single people while retaining the legal status of their marriage. We will first look at some of the advantages of separating over divorce or even annulment. Legal separation is to get a district court order (in the USA) stating the responsibilities both partners have towards each other and the rights they are entitled to enjoy as they live apart. This order is initiated though a petition to the court and the notice is served on the other partner. The court that issues the order has in its power, to solve all the normal problems that are settled in divorce court. So in effect, a situation is created where the two can remain as if divorced, while maintaining their marriage in the legal books. The first advantage is that since they are still married, one spouse will be covered by the insurance of the other. They will also enjoy social security and pension and such benefits available that are the privilege of married couples. Secondly, though marriage seemed to have lost the sanctity that it had say 50 years ago and divorce rates are much, much higher, followers of certain sects of faith still avoid divorce. However, rather than stay in the confines of what would probably be a difficult situation they can use a legal separation. In the event of some irrevocable rift in the relationship, couples sometimes seek to divorce quickly. However, the laws of certain states in the USA and the laws of some countries require that the couple be separated from each other for sometime, before they go about unraveling their marriage legally. For couples that are in a hurry to extract themselves from each other, legal separation allows a much quicker alternative. Also couples can use it as a trial, or as an opportunity to spend sometime away from each other and take look at their lives. During this period of trial, the court allows the separation of property and even childcare is allocated to each parents. The drawback some parties find with the legal separation is that, many judges will award the final settlements in divorce cases, based on what was agreed at the time of parting. This probably will be a good point form the wealthier partners view as he or she can get an idea of how much the divorce will cost. However, should you find someone else you wish to enter into marriage with, you would have to pay visit to the divorce courts, as you are still legal married. On the positive side, legal separation has resulted in people actually saving their marriages, as the time apart had allowed them to look objectively at the situation, work out how to improve their relationship and probably in some cases when one partner thought staying married might be less costly, though it may be cynical to say so. It could be said that legal separation do not always end in divorce, however not all partners that do not end up divorced are reconciled either.

Family Legal Decisions: Legal Separation or Divorce?

When their marriage is on the rocks, some couples are reluctant to jump directly into a divorce in the hopes that the problems can be resolved. They search for alternatives that will allow them time apart to review their situation and to have time to determine if a divorce is the only solution to their marital issues. Some couples think that a Riverside county legal separation is this time out of sorts from their marriage and the alternative to divorce that they have been searching for. However, a Riverside county legal separation is not a minor undertaking as some may assume. There is a large amount of decision making that couples must go through and a legal separation can be just as stressful as a divorce. Family law is available to help with this process though and can assist with the decision on which is the best action for the spouses to take. A Riverside county legal separation involves legal action within a court, much the same as a divorce settlement, only, in the end, the couple is still married. When a separation is filed, the court is given the authority to make rulings regarding the marriage. These rulings can include the division of marital assets, assigning custody and stipulating support payments if children are involved, and deciding who will be required to pay what debts. Although a legal separation involves many of the same actions as a Riverside county divorce, the spouses are required to file additional paperwork to turn the legal separation into a Riverside county divorce if the separation does not produce the results they were seeking when entering the situation. Unlike a Riverside county divorce, both spouses have to agree to the Riverside county legal separation. Additionally, unlike a divorce, there is no waiting period to complete a separation. There are several reasons why separations are chosen instead of terminating marriages. Some reasons why spouses choose a separation instead of a divorce include religious views (if divorce is against their religion), and also if a spouse is in need of ongoing medical attention and needs to remain eligible for medical insurance that would be lost in a divorce. In addition, unlike a divorce, after a Riverside county legal separation is completed, a marriage is still in effect, although it is only in name. This means that, although the responsibilities of a marriage are no longer required of the spouses, neither spouse will be able to remarry unless a divorce is completed. Family law can help a great deal in deciding whether to file for a Riverside county legal separation or a divorce. There are many factors to weigh and a legal professional is equipped with the knowledge to effectively address those factors. A legal separation is not just a time out from a marriage and family law can help spouses understand this and take the action that is appropriate for their situation. It is a stressful time when marriages fall apart and spouses have many factors to weigh before they choose the route that is best for them.

New York Divorce Records Are Obtainable By Anyone

Whether you want to have complete freedom to contract another nuptial or to shun away from hounding debts that you no longer owe, providing valid evidence that you are in fact free from the legal bounds of marriage is necessary. There are instances when the plaintiffs unconsciously remarry while still tied to the previous marital obligation. The only way to steer clear of such troubles is by getting New York Divorce Records. A divorce certificate is the only legal proof that a marriage has indeed been terminated by the court.

While it involves a very private decision between two former spouses, divorce files may not be as private. However, it may not be as easy getting a divorce certificate if your divorce has been filed and approved in the State of New York. The state is known to be stringent in the access of state-maintained records. Eligible requesters only include the spouses and other individuals who have NYS court order.

Interested citizens who are qualified may order a divorce record personally at the state Vital Records bureau, or by US mail, via online, or by phone. Whatever type of request process you opt for, appropriate IDs along with the proper request is required in order to get results.

Prior to the actual request, it is important to verify the divorce date. If it’s before January 1, 1963, you need to request for a ‘divorce decree’ (as this is the only file available for divorces on or before that date). If this is your situation, you may go straight to the Clerk of Court in the district where the divorce decree was given. For nuptial terminations which occurred on January 1, 1963 till present, requesters must order for a ‘divorce certificate’ from the State Dept. of Health Vital Records office by any of the methods mentioned.

Are you unsure if your fiancé or new husband’s divorce has been signed and approved by the court Judge? If you want a trouble-free access for divorce decrees or certificates, you can count on online records search services. There are a few reputable ones on the web today which you can take advantage of. This route allows you to validate divorce records or any other public records like criminal history information, court files, other vital records etc in no time. You don’t have to go to courthouses and dig up loads of files when you can get them at the touch of your fingers.

Without the typical prolonged government record request system, Divorce Records are obtainable by any person who wants to obtain facts on a certain divorce event. If you have suffered from the aftermath of a failed marriage, another pain is the last thing that you can afford. If you’re aware that your soon-to-be spouse has been legally divorced, it’s always best to validate. Using an excellent records search, you can even lookup their comprehensive background, which includes nuptial certificates and others. Be free from any apprehensions; just make a quick record lookup and enjoy the peace of mind.

Time To Consider A Trial Separation To Save Your Marriage?

A trial separation may allow the partner who wants the divorce to experience some of the feelings of being separated without making a final decision to divorce. The main benefit of a trial separation, of course, is that it’s easily reversible. You can try it for a while, go through therapy, and after that reconcile, or else you can try separation for a while, decide you like it – and therefore proceed with divorce.

There are two ways you and your spouse can separate: Either with an informal separation or by a formal officially authorized separation.

An informal separation is basically whatever the two of you decide it to be. Typically, one of you stays in the residence you had previously shared, and the other moves into some other quarters. At this stage you normally wouldn’t make any formal property division, but you would come to an agreement, informally, on some kind of working agreement about possession of things like cars, the bank accounts, the credit cards, and the stereo.

A formal legal separation is more lasting, more complicated, and more expensive. It’s also much less common. It’s nearly as expensive as a divorce – sometimes more so, because it’s less unusual – so you may have to pay your lawyer to figure out how to do everything. And often people who get a formal legal separation wind up having to go through all the pain, time, and expense again later to get an actual divorce.

So why, I hear you ask, would anyone go through a formal legal separation? Maybe for the reason that some states require that a couple seeking a divorce have been separated for some space of time. Also, some couples need to remain officially married, perhaps so one can continue to be insured for medical or other purposes by the other’s company. Official legal separation makes this possible.

Occasionally, there is no question that the pair is moving in the direction of divorce, but know it will take some time to work everything out. If their incomes are substantially diverse, it may be worth approving on a written separation agreement; that way the person paying any maintenance can deduct it on his or her tax return. The paying spouse might be able to reimburse the receiving spouse more than enough to pay the tax on the alimony, and still come out ahead. Sometimes one of the spouses has a religious objection to divorce. A formal separation will allow the spouses to remain officially married even as they live separate lives.

Outside that, there may not be much of a reason to go through the time, torture, and expense of a formal legal separation. Better perhaps to agree to reach a working arrangement for an informal separation. You can then follow it up directly with either reconciliation or divorce.

So, can separation save a marriage – that is the question. A number of people emphatically resist separation, thus adding even more stress into an already tense marriage. Perhaps separation may be the best option for some marriages, despite the threatening shadow of divorce, as living together is clearly is not working. However, can you make it work from a distance? A trial separation will go a long way in helping you decide the answer.

Why? Because couples who separate tend to find that without the constant day by day conflict and squabbling the lack of proximity to their spouse provides time to think, and solve problems. Marital problems are often hard to resolve as they often get hindered by egos, fear and stubbornness. Resolution can flourish as long as at least one partner is willing to keep trying; if the urge to always be right and not back down remains then it probably means that the separation will end in divorce.

It is therefore strongly recommended that you at least give trial separation a try. If only for the sake of trying to save your marriage.

Difference between divorce and legal separation

Legal separation and divorce are two different aspects. They might sound the same but both differ from each other in a large way. Hire a suitable San Jose divorce lawyer, who can tell you exactly what to do in the given situation. Find out all the pros and cons of both kinds of separation after you talk to a good divorce attorney San Jose.

Divorce and legal separation are two different things. Many people are unaware of this aspect and in fact a lot of people have been seen using both terms in place of each other. Before you plan to take a divorce, it is very essential that you know the different detour that can be taken. Or in other words, you should weigh your options well before you think about getting a divorce. Hence, consult your San Jose divorce lawyer before you take a final decision.

Let us begin our discussion by understanding what does legal separation exactly mean. According to the law, legal separation means that a married couple has decided to separate. They get separated through the process but are still married in a way. They even have the authority to become a married couple again and during this they will not need a certificate or consent from anyone.

On the other hand, a divorce is a complete separation of a married couple. After a divorce, the couple is no longer married and in case they want to get into the former relation again, they will have to remarry each other. For both kinds of separation you need an expert divorce attorney San Jose.

A major difference between the two is that in a legal separation, the couple does not have the right to marry anyone else other than the spouse. But after a divorce, the man and the woman are individuals again and they are free to marry anyone of their wish.

During a legal separation or a divorce, other procedures remain the same. Both have to get into child support and custody, spousal support, property separation and other similar aspects. So, consult the best San Jose divorce attorney.

One might think that why would a couple want a legal separation if they think the marriage is over and they want to live apart. In a legal separation, the couple wants to keeps its options open. In this matter, they keep the doors open to thoughts of reconciliation.

It is possible that after the separation the couple realizes that they just needed some time away from each other and they have resolved their differences properly. If they think that after sometime also, they are happier without each other, the option of an official divorce can also be taken. Some reasons why people go for legal separation and not a divorce are religious beliefs, tax and many other. Talk to a good San Jose family lawyer for best advice.

Avail the Legal Services of Professional Lawyers that Make Divorce Proceedings Easy and Convenient for You

It is quite clear that a divorce process is both time and money consuming due to too much legal formalities and proceedings. It adds more stress and tension to the separating couples and makes them feel disturbed and irritated. Divorce petition, divorce nisi and decree absolute are three major steps that are taken during the course of divorce proceedings. A divorce procedure starts with the filing of a divorce petition in the court and ends with the completion of a legal divorce between married couples. Due to the fulfillment of different legal forms, legal proceedings take a lot of time and keep married couples waiting. In such dire and unpleasant conditions, they need legal services of professional lawyers or law firms that provide easy solutions to their divorce needs and wants.

A divorce is filed by any of a married couple if he or she faces different situations like adultery or faithlessness, lack of financial or emotional support or physical and mental abuse from their partner. To give married couple a quick relief and freedom from being waited, professional lawyers prepare a proper planning that contains accurate solutions from the start to the finish of divorce proceedings. When you contact professional lawyers, you not only get a solution of your choice but also find valuable legal advice that helps you face all hearings of the divorce case in an effective manner. With a divorce lawyer of your choice and preference, you can get rid of time consuming process and can get the result of the case in your favour. The legal services that you find from the divorce lawyers in UK are customised and have been perfectly shaped by legal experts to suit your specific needs. These services are user friendly as they make clients feel relaxed and comfortable. The best part of having these services is that these are not too expensive and can be afforded by the married couples that want to crack the nut of their divorce case as soon as possible. These lawyers also solve the issues like finance and the custody of kids in a friendly manner so that separating couple can find it easy and convenient to them.

Ending a Marriage or Taking a Break: Divorce, Annulment or Legal Separation

Ending a marriage is not always easy and sometimes it leaves behind a bitter experience. It can be devastating and stressful for some having a long term impact on their future and outlook towards life. However, if you have decided to come out of a difficult relationship, stay firm and stay strong throughout the legal process. One can opt to have one of the top divorce lawyers who will be able to guide you well. Better still, one can go for his/her family lawyer who will be in a better position to understand your situation and state of mind and provide you with able and unbiased support and guidance. The following are the ways you can help yourself get a divorce.

A marital union can be dissolved through either divorce or annulment of marriage.

Annulment is a legal procedure that pronounces the marriage cancelled as though it never existed. Legally, it declares that the marriage was never valid. Every state has its own set rules regarding annulment of a marriage; however, annulment of marriage can be initiated by either the husband or wife. The party initiating the process has to prove to the court the grounds on the basis of which he/she is seeking annulment of the marriage. So, have one of the great divorce lawyers by your side as you need to prepare your case well and prove the allegations that you make failing which the marriage would be considered null and void.

The following are the few common grounds one can seek annulment of marriage on:

Underage Marriage: If either of the partners was below the marriageable age at the time of getting married

Fraud: If a person was brought into the marriage by having he /she believe the lies or misrepresentation of the other

Forced Consent: If against your wish you were forced into the marriage through threatening or coercion by the other person, it provides you with solid ground to file for annulment of your marriage. However, have the necessary evidence to support your claim.

Mental Illness: If either of the spouses was mentally unstable or ill at the time of marriage

Bigamy: If you come to know that the other person was already married at the time of your marriage but he/she concealed the fact from you

Inability to Consummate the Marriage: If either of the spouses is unable to perform sexually or is impotent and doesn’t satisfy his/her partner

Divorce, on the other hand is the ending of a valid marital union between a man and a woman and returns them the status of being single and ability to start life afresh by getting married once again with somebody else. A divorce can be reached by filing a case in the court seeking divorce.

Usually, in case of divorce there are a number of things that need to be sorted out between you and your partner like marital assets, childcare including custody and visitation rights, child and spousal support issues, housing, money and other properties.

A person can go for either Fault Divorce or No Fault Divorce depending on his/her situation. Fault Divorce is when a party makes certain allegations against the other and seeks divorce on the states ground. He/she however, need to have enough and solid evidence to prove the case in the court. The common grounds for seeking a fault divorce include drugs or alcohol abuse, incurable mental sickness, conviction of crime etc. Other major grounds can be as given below:

Adultery: If the other partner has had extra marital relationship during the course of marriage
Physical or emotional abuse: Subjecting your partner to physical or emotional torture or using abusive language, physical violence and threats makes for a strong case of fault divorce to be filed against you.

Desertion: In case of a spouse abandoning the other emotionally or physically for a long period of time
Remember the above mentioned grounds have to be supported by enough evidence. So, if you are going for fault divorce hire a top divorce attorney who will be able to fight your case and make sure justice is done to you.

On the other hand, a No fault Divorce allows dissolution of marriage without either party making allegations or accusing the other for the breakup of marriage.

Many states allow for No Fault Divorce and many couple too likes to go for it without the pain and mental distress associated with fault divorce.

Nobody ever thinks of going separate way when they got married but circumstances force them to take a tough decision like getting a divorce. However, the least one can do is have an amicable divorce and settle the matter for good. However, it’s wise to get yourself backed by one of the best divorce lawyers in the town.

Legal Separation or Divorce

There are three ways to end a marriage.

1. Nullity or Annulment
2. Legal Separation, or
3. Divorce

A. Nullity takes the position the marriage never took place. There are certain conditions which a party may use to end the marriage.

Among them are:

Incestuous marriage (marrying a relative)
Bigamous marriage (one party already married to another)
Age at time of marriage (less than 16)
Unsound mind (mental illness or disease)
Fraud in the inducement (Promise made before marriage which was not kept as soon as marriage occurred. Like promising to have children or practice a certain religion.)
Force (kidnapping a spouse and taking away the ability to enter into marriage contract voluntarily) Physical incapacity ( medical condition which does not allow one party to enter into a marriage. For example coma or no known way to communicate.

B. LEGAL SEPARATION

Simply moving out of the house is NOT a Separation. You are still married. At most you can call it being “estranged.” This means that until a Petition for a judgment of Legal Separation is filed in the Superior Court the judge has now jurisdiction (power) to make any orders for things like child custody; child support; spousal support; payment of bills or any of the issues which exist in your marriage.

The biggest difference between a Legal Separation and a Divorce is the effect once the Judgment is issued. In a Legal Separation the marriage is truly not terminated. One party can remain on the health insurance of the other. The parties can continue to file joint tax returns. Neither party is free to remarry. The court will not grant a request for a name change.

Simply stated a Separation is akin to a Divorce for Catholics.

If after a period of time one spouse wants to end the status of Legal Separation into a full divorce a whole new case needs to be filed in court. There will be a six month waiting period before the divorce judgment will be effective. However, any Marital Settlement Agreement entered into by the parties in the Legal Separation will be used in the divorce process as well.

C. DIVORCE

A divorce ends any legal connection between spouses. Neither can claim any interest in property accumulated after the judgment becomes final. Either party is free to remarry. They can no longer be covered on the health insurance of the other or file joint tax returns.

The Marital Settlement Agreement in a divorce is similar to the one created in a Legal Separation. It covers all of the issues which need to be resolved for each specific case. So long as there is no fraud or lying about assets or debts accumulated during the marriage the judgment will be valid and enforceable.

So long as each party can get affordable health insurance on their own there are few reasons to put off a full divorce.

For more information or help visit http://www.afairway.com

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10 Common Legal Mistakes In Divorce

Facing a divorce causes even the most rational person to lose perspective. While it is completely normal to lose sight of the forest for the trees during such a stressful time, it is also unfortunately normal to make bad decisions in the heat of the moment.

Read on about some of the most common mistakes during divorce, and learn how to avoid these potentially devastating blunders. The best way to prepare yourself for a successful and happy future is to understand the pitfalls before you head down the divorce path.

Hiring The Wrong Divorce Attorney

Just like no two divorces are the same, neither are divorce attorneys. Some lawyers are sharks, ready to attack every aspect of the case. Others are mild-mannered and prefer to avoid conflict altogether. Before you settle for one or the other – or something in between – carefully consider the nuances of your situation. The relationship you have with your ex, the type of divorce process you want to use (mediation, collaborative divorce, traditional), and your own personality will all influence the type of attorney who will be most successful for you. Now is not the time to blindly go with a “friend of a friend” recommendation just because it is the easiest solution.

Using The Wrong Divorce Process

These days, not every divorce has to play out like you see it on tv – lawyers and clients facing off in the courtroom, going for the jugular. In fact, many more divorces are resolved with alternative divorce processes. Depending on the type of relationship you have with your soon-to-be ex, a less-adversarial approach may work better for your situation.

Coming Out Of The Gates With Guns Blazing

No matter how angry you may be with your spouse over the idea of divorce, starting off the process by going for the jugular will only lead to a nuclear World War III scenario for the rest of the divorce process. Spouses usually respond in kind when it comes to divorce tactics. So unless you really want to spend the next year or more of your life paying expensive legal fees and spending sleepless nights worrying about the next attack, it pays to think about kinder, gentler alternatives to begin the process.

Failing To Understand Legal Terms

Often times, parties in a divorce ignore the importance of respecting the nuanced meanings of legal words and phrases. For most individuals, a divorce is the first time they’ve been exposed to a courtroom or have been party to legal proceedings at all. These people sometimes base their understanding of what is happening by what they’ve heard from friends and family or, worse, seen on tv.

One area where this causes special problems is issues affecting the children. Legal custody is the right to make major decisions on behalf of your children. This includes things like education, religion and major medical issues. Residential custody (placement in some jurisdictions) addresses where the child lives the majority of the time. Visitation (or parenting time) specifies the amount of time the non-custodial parent has with the child.

Not Pushing For Full Financial Disclosure

With all the emotional issues that come with divorce, it is easy to understand why some people don’t want to fight about finances. However, failing to understand the full extent of the marital estate – and fight for your fair share – can leave you facing a difficult financial future. While some spouses will disclose everything up front, many times it takes a bit more pushing to get a complete picture of the total marital assets.

Your attorney will use the discovery process to require a reluctant spouse to fully disclose his or her assets. In cases where valuing the assets is difficult – privately held businesses, etc. – a forensic accountant may need to be hired.

Misusing Social Media

There once was a time when people were not so easily able to share every up, down and in between of their lives with millions of strangers at the click of a mouse. No more. Today, the numerous social media platforms make it incredibly easy to over-share every aspect of your life – including the pain of divorce. While it may feel momentarily vindicating to post a status update ranting about your evil ex, don’t do it. Even if you go back and delete it later, you can never erase it from cyberspace. Countless divorce cases have been adversely affected by social media posts made by one spouse or the other. It is time to take a break from all social media when you’re going through a divorce.

Losing Sight Of The Forest For The Trees

It is often said that if you only have a hammer, all you see are nails. This is definitely true in some divorces. When you are angry, all you may want to do is fight about every issue with your soon-to-be ex. But what does this strategy really get you?

Far too many individuals end up paying significant legal fees to fight over things and issues that do not make sense from a financial point-of-view. You’d be surprised how many people, in the heat of the moment, are willing to pay their lawyer $300 an hour to write letters over $20 Tupperware. During the drama of divorce proceedings, it is important to identify the issues that truly matter and focus on making decisions that help you get what you want in those areas. The rest is just extraneous noise.

Misunderstanding The Complexity Of Divorce Proceedings

Don’t be misled by advertisements promising you a divorce in xx days. The old saying “if it sounds too good to be true, it probably is” applies here. There are those unusual cases where two spouses can agree on everything and reach an amicable agreement themselves in record time, but this is not the norm. This is especially true when there are minor children involved.

The truth is that even under the best of circumstances, your divorce will likely take longer than you expected, will raise issues you didn’t consider and cost more than you expect. It is more like a marathon than a 100-yard dash. Understanding that and adopting strategies to help yourself cope – a support group, therapist, exercise – will help you stay the course without losing your mind.

Signing Documents Without Understanding Them

When you do finally resolve all the issues with your former partner, signing the final divorce agreement may seem like an afterthought. However, before you put your name on the dotted line it is critically important that you thoroughly read – and understand – every single word in the document. Blindly signing and then finding out later the wording was not quite what you thought you had agreed to will only cause problems for you. Take the time to sit down and focus on the paperwork and ask your lawyer to clarify anything, no matter how small the point seems, before you sign off. Otherwise, you may be in for a surprise down the road.

Not Understanding The Tax Implications Of Your Agreement

One other thing to be crystal clear about (before you finalize negotiations) is how your tax situation will be impacted by your agreement. Dividing investments like retirement accounts can have significant tax implications for you, as will who gets to claim the children each year for tax purposes. Failing to understand tax ramifications of your agreement can cause you to end up with less than you expected.

To learn more about how a Divorce Transitional Support Advisor can help you or your client regain financial stability after a divorce, please visit our website at http://www.divorcetransitionalsupportadvisor.com

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An Alternative to Litigated Divorce – MEDIATION!

The field of Family Law has gone through many changes during the last decade. Changes in settlement options, custody arrangements, and spousal support issues have all been debated and altered to varying degrees. But one thing that has not changed is the complexity of litigated divorce proceedings and the public’s interest in pursuing alternatives.

Mediation has had a long and favorable place in resolving labor disputes so it is only natural that mediation has gained widespread acceptance in an equally volatile field-divorce and separation disputes. The emotional toll of divorce is no small concern for couples and their families when facing this very intimidating process.

Conflict and anger can turn even the most reasonable people into intense adversaries. Seeking ways to defuse conflict and minimize trauma for their children, couples are choosing mediation as an alternative to a traditionally litigated divorce.

One major concern that is answered by mediation is to mitigate the disruption and trauma to the family’s children. When the level of conflict rises with parents it has an established “trickle-down effect” which can have a serious impact on vulnerable children. In litigated divorces an adversarial relationship is established from the very beginning of the process and by virtue of very nature of litigation, crisis, conflict, and drama are inevitable. It is true that most parents work hard to shield their children from the drama of their divorce or separation but when the legal system is fueling a fire that can easily engulf a couple, the effort to remain calm and composed can be nearly impossible.

However, one of a mediator’s primary goals is to anticipate, defuse, and resolve conflict. The results of a good mediator’s efforts in this regard can have a positive impact affecting a child’s entire lifetime. Indeed, many adults cite the effects of their parent’s divorce as a source of their own problems and difficulties. Mediators recognize and appreciate the long term effects of divorce on children and are committed to helping parents’ divorce or separate in less traumatic ways.

A good mediator approaches each case with neutral intentions; in contrast, many Family Law lawyers approach their cases with the spirit of competition. When divorcing couples become competitors it means that there will be a winner and a loser. The implications of this are obvious-one party is going to walk away with anger and resentment that can last for years. However, a mediated divorce seeks a win-win scenario where equity is a realistic goal. As with anger and resentment, closure and resolution allows both spouses the opportunity to move on with their lives unhindered by negative aftereffects.

Summing up, more and more couples are choosing mediation because with mediation they have a chance to dissolve their relationship in a civil and appropriate manner. Finding some good out of a bad situation is not just the goal of the mediator, but of the couple and their families. Time and experience have shown that it is realistic and attainable goal.

Brian James is an experienced Divorce and Family Mediator with offices throughout Chicagoland and Southeastern Wisconsin.

His approach to mediation is client driven. By aiding his clients with the resolution of their divorce issues outside of the courtroom, Mr. James helps create a win/win situation for all parties in a divorce.

For more information please visit Brian’s website, http://www.celandassociates.com or give him a call at (312) 524-5829. He makes it a point to personally answer every call that is made to him.

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