Here are some examples of jurisdictional issues that may arise in divorce cases:
- Establishing that the plaintiff meets the state's residency requirements to file for divorce.
- Determining which specific court (county, parish, etc.) has proper venue/geographical jurisdiction over the case.
- Obtaining personal jurisdiction over the defendant if their whereabouts are unknown or if they reside in another state.
- Ensuring the court has authority/jurisdiction to decide related matters like child custody, property division, etc. in addition to dissolving the marriage. Consolidating orders from other courts may be necessary.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
The slides discuss in detail the concept of Judicial Separation in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This presentation tells you about the various effects of Divorce on children and how you can overcome them with the help of professional counsellors. For more information have a look at PBCLEGAL official website at http://www.pbclegal.com/ .
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
The slides discuss in detail the concept of Judicial Separation in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This presentation tells you about the various effects of Divorce on children and how you can overcome them with the help of professional counsellors. For more information have a look at PBCLEGAL official website at http://www.pbclegal.com/ .
Magistrate Colin Kaeser outlines some of the ways in which the landscape of family law may change and discussed how the various players in the family law system, including mediators and family dispute resolution practitioners, can do more.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docxkanepbyrne80830
Dysfunctional Behaviors and Related Facilitation Strategies: Twelve Angry Men
Behavior
Actor/Evidence
Strategy Used or Suggested
Whisperer—periodically engages team member(s) in side conversations
Silent member—withdrawn; doesn’t participate
“Eager beaver” (talker/ monopolizer)—always has something to say
Heckler/complainer— combative; tells team members why what they’re working on will never work
Sidetracker—dicusses items not on the agenda
Fighter—picks a “fight” and/or argues with another team member
“Stand pat”—won’t budge; hostile; unwilling to look at situation from others’ perspective; often prejudiced
Verbal stumbler—unable to express self clearly
Early leaver—announces they must leave for another activity
Five Stages of Negotiating
All negotiations are different. Simple negotiations, such as choosing which movie to rent, need not require an extensive negotiation process. However, when negotiations involve significant or complex issues, you should consider using the five-stage process model
Negotiating consists of five stages: (1) preparation and planning, (2) defining ground rules, (3) clarifying and justifying your case, (4) bargaining and problem solving, and (5) closure and implementation.
These stages are described below. 1. Preparation and planning. Without question, preparation and planning are the keys to successful deal making. While some may think they can negotiate effectively “on the fly,” all negotiators benefit from thorough advance thought and preparation. Be clear about what you want and why. Gather data to support your position. Consider ways to present your arguments persuasively. Consider what the other party wants and why.
2. Definition of ground rules. Determining your own guidelines or rules for the negotiation helps you plan a strategy that can be successful. Establish who will or should be present and at what part of the negotiation. Decide where the meeting will be held and offer a possible agenda for how the time will be allocated and for which issues. The location has implications in terms of who’s in charge. While there may be a benefit to having the negotiation at your office—the home court advantage—agreeing to have the negotiation at the other party’s office might show flexibility and willingness to negotiate on your part. When the topic covered is potentially divisive or difficult, a neutral location might help level the playing field for both parties—an important consideration when an integrative solution is desired.
3. Clarification and justification. As the negotiation begins, state what you want and why. A key issue here is the difference between positions and interests. A position is a stance—typically a firm one—taken by a negotiator. “I’ll give you $4,500 and that’s my final offer.” An interest is the explanation behind the position, need, or desire that expresses why a negotiator wants what he or she wants. “I’m asking for $5,000 because the car has low miles, an u.
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
Sari Friedman Lawyer has published many articles on divorce law, family law matters and achieved many awards. Family law matters include divorce cases, child custody, adoption, etc.. Some relations need legal identities like marriage and adoption. We require a proper legal papers as a proof for these relations. Family law expert and divorce expert Sari Friedman Lawyer are explaining the procedures that we need to follow in divorce cases.
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
The steps involved in preparing a pre-mediation process:
Initial Assessment: The mediator begins by conducting an initial assessment of the conflict. This involves gathering information about the nature of the dispute, the parties involved, and any relevant background or history. The mediator evaluates whether mediation is suitable for the particular case and determines if any preliminary steps or information are necessary.
Communication and Introduction: The mediator communicates with the parties to introduce the mediation process and explain its benefits. This includes providing an overview of mediation, emphasizing confidentiality, and addressing any questions or concerns the parties may have. Clear and effective communication is essential in establishing a foundation of trust and understanding.
Pre-Mediation Meetings: The mediator may hold separate meetings with each party or conduct joint meetings to prepare them for the mediation session. These meetings provide an opportunity for the mediator to build rapport, establish trust, and gain insight into the parties’ concerns, needs, and desired outcomes. The mediator encourages open communication and active listening during these meetings.
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
This presentation was made by Director of Brisbane Family Law Centre, Clarissa Rayward in September 2012.
Clarissa made the presentation on behalf of the Family Law Practitioners Association of Qld.
Looking for a low conflict way of getting divorced or negotiating child custody? Then Mediation 101: An introduction to New Jersey Divorce Mediation, Child Custody Mediation and Family Law Mediation is for you.
Find out how a family law or divorce mediator can help you resolve your situation amicably and leaving everyone in a positive place for your bright new future!
You want to separate or work out what is best for your kids in a constructive, positive way without the fighting or the bad feelings towards your ex. Find out why conscious uncoupling, divorce mediation, collaborative divorce and other low conflict resolution methods are positive ways of resolving your family law matter.
#mediation #divorcemediation #mediationchildcustody
Filing for divorce can be a detailed process depending on the nature of the circumstance, the amicability of each party towards reaching agreements, whether the couple has minor children, financial investments, and so on. People often have questions about what to expect during the process, how fast they can get divorced, and what happens to marital assets in the process.
Hiring a Divorce Attorney, the Divorce Process, and Navigating the Legal SystemSusan Weaver
The legal system for divorce, dissolution, custody, child support and other aspects of family law is constantly changing. Here is an overview on how to: hire a divorce attorney, understand the divorce process, and navigate the legal system.
1. Chapter 5:
The Divorce Process
12
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester
2. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.1 Describe how the culture of divorce has evolved 12
over the past four decades.
List the four primary methods of altering the
5.2 marital status.
5.3 Identify the basic stages of the divorce process.
Class Name
Instructor Name
Date, Semester
Cont.
3. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.4
Distinguish among the six major alternative
dispute resolution methods used in the family law
12
context.
Provide examples of jurisdictional issues that
5.5 may arise in divorce cases.
Identify the most common fault and no-fault
5.6 grounds for divorce.
Class Name
Instructor Name
Date, Semester
Cont.
4. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.7
12
List defenses available to defendants in divorce
actions.
Describe the role of the paralegal at each major
5.8 stage of the divorce process.
Class Name
Instructor Name
Date, Semester
5. Learning Objective
After this lecture, you should be able to:
Describe how the culture of
5.1 divorce has evolved over the
past four decades.
6. How Has The Culture Of Divorce Evolved
5.1 Over The Past Four Decades?
Some of the major changes that have occurred include the
following:
• A decreased emphasis on fault
• An emphasis on divorce as an economic event and the
spouses as equal partners
• The institution of child support guidelines
• The codification of criteria to guide decisions about custody,
spousal support, and property division
• The introduction of parenting plans and programs
• The creation of support systems and user-friendly court
procedures for parties who want to proceed pro se
• A reduction in litigation due in part to an increased use of
alternative dispute resolution (ADR) methods
• A movement toward respect for autonomy and privacy in
family relationships
7. Learning Objective
After this lecture, you should be able to:
List the four primary methods of
5.2 altering the marital status.
8. How Has The Culture Of Divorce Evolved
5.2 Over The Past Four Decades?
Some of the major changes that have occurred include the
following:
• A decreased emphasis on fault
• An emphasis on divorce as an economic event and the
spouses as equal partners
• The institution of child support guidelines
• The codification of criteria to guide decisions about custody,
spousal support, and property division
• The introduction of parenting plans and programs
• The creation of support systems and user-friendly court
procedures for parties who want to proceed pro se
• A reduction in litigation due in part to an increased use of
alternative dispute resolution (ADR) methods
• A movement toward respect for autonomy and privacy in
family relationships
10. What Are The Basic Steps In The
5.3 Divorce Process?
• Each state establishes its own procedural rules
for divorce/dissolution of marriage. In some
states they are the same as for civil actions in
general, in others there are specific rules
applicable to domestic relations practice and
procedure.
• The majority of divorce actions are settled and
only about 10% proceed all the way to trial.
11. What are the basic steps in the
5.3 divorce process? (cont.)
• Initial client interview is conducted
• Primary issues in the case are identified (custody, property
division, grounds, etc.)
• Potential for mediation is explored throughout the process
• Jurisdictional issues and choice of proper venue are identified
and resolved, if necessary
• Complaint is filed and plaintiff’s attorney files an appearance
• Summons and Complaint are served on the defendant
• Defendant files an Answer or a Motion to Dismiss and his or her
attorney files an Appearance/Limited Appearance
• Motions for temporary orders are filed and heard, if warranted
• Discovery is conducted, if warranted and feasible
• Separation/Marital Agreement is negotiated/ drafted/reviewed
• If all issues are settled, agreement is filed with the court and the
parties proceed to a final hearing
12. What are the basic steps in the
5.3 divorce process? (cont.)
• If not settled, prepare for and attend a Pretrial
Conference
• Prepare for Trial
• Trial on contested issues is held
• Judgment/Decree is issued by the court
• Follow-up matters completed such as preparation of
QDRO and transfer of assets
• Posttrial motions or Appeal filed, if warranted
• Enforcement of the Judgment is pursued (contempt
actions, if necessary)
• Modifications of Judgment are sought if necessary
based on substantial changes in circumstances
13. Learning Objective
After this lecture, you should be able to:
Distinguish among the six major
alternative dispute resolution
5.4 methods used in the family law
context.
14. What Are The 6 Major Methods Of Resolving Differences
5.4 And Reaching Agreements In The Family Law Context
Based On Court Order, Rule, Or Client Choice?
• Direct negotiation between the parties: initially
without the assistance of counsel
• Mediation: an approach to resolving differences
in which a neutral third person helps the parties
identify their differences, consider their options,
and structure a mutually acceptable
agreement, if possible
• Collaborative law: an approach to reaching
agreements that stresses cooperation, joint
problem solving and the avoidance of litigation
15. What are the 6 major methods of resolving differences and
5.4 reaching agreements in the family law context based on
court order, rule, or client choice? (cont.)
• Negotiation through counsel: the traditional and
most common method, this approach usually
involves considerable give-and-take and a series of
compromises
• Neutral case evaluation: a process in which a third
person, usually an experienced trial attorney or
judge, listens to the parties’ positions and offers an
opinion about settlement potential and the likely
outcome if the matter proceeds to trial
• Arbitration: a process in which one or more neutral
third persons who are trained arbitrators hear
arguments, review evidence, and render a decision
with respect to the issues selected for arbitration. The
parties may choose to have the decision be binding
or nonbinding.
16. Learning Objective
After this lecture, you should be able to:
Provide examples of
5.5 jurisdictional issues that may
arise in divorce cases.
17. What Kinds Of Jurisdiction Are Required In A Divorce
5.5 Action Involving Both Dissolution Of The Marriage And
Other Issues Such As Division Of Property?
• Subject matter jurisdiction: the authority of the court
to hear and decide the particular type of case
(divorce, custody, property division, etc.)
• Personal jurisdiction: the authority of the court to
issue and enforce orders binding a particular
individual or individuals
• In rem jurisdiction: the authority a court has over a
thing rather than over a person (the thing may be an
item, piece of property, or in some states, the marital
status)
• See Exhibit 5.3 Jurisdiction in Divorce Actions on
page 131 of the text.
18. What Kinds Of Jurisdictional
5.5 Issues Arise In Divorce Cases?
• Does the plaintiff satisfy the state’s residency
requirements so that he or she can file an action for
dissolution of marriage in the state? Is he or she
“domiciled” in the state? How is domicile established?
• Which court has subject matter jurisdiction over divorce
and related matters in the state? Subject matter
jurisdiction is established by statute.
• Are all related matters before the divorce court? For
example, if a custody order is in place based on an
abuse action heard in another court, it will need to be
consolidated with the family court action.
• In which specific court should the complaint for divorce
be filed i.e. in which geographical location is venue
proper (county, Parish, etc.)?
19. What kinds of jurisdictional issues arise
5.5 in divorce cases? (cont.)
• Does the court have personal jurisdiction over the
defendant? Are the defendant’ whereabouts known? Can
the defendant be located so that he can be properly
served? Is he a resident of another state and, if so, can
personal jurisdiction be obtained through the state’s long-
arm statute?
• If the court lacks personal jurisdiction over the defendant
but the plaintiff is domiciled in the state, can the court
bifurcate the divorce action = dissolve the marital status
and leave the other issues for a later action in the same or
a different state where the court has personal jurisdiction
over the defendant?
• Does the court have in rem jurisdiction over the property
involved in the divorce action? Are real estate or timber
rights etc. physically located in another state beyond the
court’s jurisdictional boundaries?
20. Learning Objective
After this lecture, you should be able to:
Identify the most common fault
5.6 and no-fault grounds for divorce.
21. What Are The Most Common
5.6 Grounds For Divorce?
• Each state establishes by statute its own grounds for
divorce, the reasons it considers sufficient to warrant
termination of a marriage.
• The grounds may be fault (a ground based on the
fault of one of the parties) or no-fault (based on the
breakdown of the marital relationship rather than on
the fault of one of the parties).
• Approximately 60% of the states identify both fault
and no-fault options and the remaining 40% have
eliminated fault grounds and have only a no-fault
option.
• In the limited number of states that have adopted
covenant marriage, divorce typically can only be
sought on fault grounds.
22. What Are The Most Common No-
5.6 fault Grounds For Divorce?
• Irreconcilable differences/ Irretrievable breakdown:
The essence of this ground is that the marriage has
irreparably broken down due to serious differences
between the parties (inability to communicate,
serious disagreements over finances, values,
divergent interests and incompatible lifestyles).
• Living separate and apart: This no-fault ground is
based on the fact that, due to a breakdown of the
marriage, the parties have lived apart from each
other for a requisite period of time (usually from 1-3
years).
• The precise requirements to satisfy each of these
grounds vary by state.
23. What Are The 5 Most Common
5.6 Fault Grounds For Divorce?
• Adultery: commonly defined as voluntary sexual
intercourse between a married person and a person
other than his or her spouse
• Desertion/abandonment: the plaintiff must show that
the defendant deliberately and without consent left
the marital relationship with no intention to return,
and that the absence has continued for a specified
continuous period of time (customarily a year or
more); the abandonment may be constructive (the
defendant’s conduct was so abusive or intolerable
that the plaintiff was forced to move out or into a
separate area of the marital home)
24. What Are The 5 Most Common Fault
5.6 Grounds For Divorce? (cont.)
• Cruelty/cruel and abusive treatment: conduct that is
so physically or mentally damaging that it
endangers the spouse’s health, safety, or reason
(usually involves a course of conduct rather than a
single incident)
• Habitual drunkenness or drug abuse (usually onset
must be post-marriage and the abuse must continue
for a requisite period of time)
• Criminal conviction and incarceration (may require
that the conviction be for a certain type of crime
and/or that the sentence be of at least a certain
length)
• The precise requirements to satisfy each of these
grounds vary by state.
25. Learning Objective
After this lecture, you should be able to:
List defenses available to
5.7 defendants in divorce actions.
26. What Are The Most Common
5.7 Defenses To A Divorce Action?
• Defenses tend to fall into two primary categories:
Technical/procedural defenses and traditional defenses (some of
which have been eliminated in several states)
• Examples of technical/procedural defenses include:
• Lack of subject matter jurisdiction
• Lack of personal jurisdiction
• Lack of proper venue
• Forum nonconveniens
• Lack of proper service
• Failure of the complaint to state a claim on which relief can be
based
• The matter is res judicata
• The marriage is invalid
27. What Are The Traditional
5.7 Defenses To A Divorce Action?
• Condonation: the matrimonial offense was forgiven by
the plaintiff
• Provocation: the plaintiff provoked the conduct alleged in
the complaint and therefore should be denied relief
• Recrimination: the defendant alleges that the plaintiff has
also committed a marital wrong and therefore should not
be granted a divorce
• Connivance: the plaintiff consented to or participated in
the act complained of in the complaint
• Collusion: less of a defense than a conclusion by the
court that the parties should not be granted a divorce
because they jointly deceived the court as to the true
nature and purpose of the action (such as when the
parties sought a divorce solely to obtain a public benefit
in support of a chronic illness)
28. Learning Objective
After this lecture, you should be able to:
Describe the role of the
5.8 paralegal at each major stage
of the divorce process.
29. What Role Does The Paralegal Play
5.8 During The Divorce Process?
• The role played by the paralegal depends on the paralegal’s
skill level, the policies and practices of the supervising
attorney, and whether the firm represents the plaintiff or the
defendant in the divorce. All tasks are performed under the
supervision of an attorney.
• Some of the most important tasks performed include:
• Participating in client interviews
• (See Paralegal Application 5.1 The Client’s Initial Interview
with the Family Law Team on pages 125 and 126 of the text.)
• Helping to gather necessary information and documents
such as copies of the marriage certificate
• Drafting the plaintiff’s complaint, the main pleading in the
divorce case that sets forth the nature of the action and the
request for relief, or the defendant’s response (answer or
motion to dismiss)
30. What Role Does The Paralegal Play During
5.8 The Divorce Process? (cont.)
• Help arrange for service when necessary
• Draft documents and pleadings in support of the
client’s case such as motions for temporary orders
and other matters (requests for fees, appointment of
appraisers and GALS etc.), affidavits, memoranda in
opposition to motions, required forms, etc
• Draft discovery requests and responses to discovery
requests as directed
• Draft separation agreements, review and comment
on proposed agreements
• Assist the client with completion of Financial
Affidavits and Child Support Guideline Worksheets as
needed
31. What Role Does The Paralegal Play During
5.8 The Divorce Process? (cont.)
• Conduct research as assigned on a variety of topics
including grounds for divorce, methods of service, and
statutes and case law governing custody, spousal
support, property division, etc.
• Maintain and monitor the case file being sure to include
proofs of service, certified copies of critical documents,
etc.
• Assist with preparation for trial: draft Pretrial Memoranda,
Memorandum of Law, Proposed Findings of Fact and
Conclusions of Law, Proposed Judgments; help compile
Trial and Exhibit Notebooks; prepare subpoenas and
arrange for service; create PowerPoint presentations and
other Exhibits
• Draft post-trial motions and appeal materials if warranted
and assist with other necessary post trial followup and
enforcement actions
32. Chapter Summary
5.1 Describe how the culture of divorce has evolved 12
over the past four decades.
List the four primary methods of altering the
5.2 marital status.
5.3 Identify the basic stages of the divorce process.
Class Name
Instructor Name
Date, Semester
Cont.
33. Chapter Summary
5.4
Distinguish among the six major alternative
dispute resolution methods used in the family law
12
context.
Provide examples of jurisdictional issues that
5.5 may arise in divorce cases.
Identify the most common fault and no-fault
5.6 grounds for divorce.
Class Name
Instructor Name
Date, Semester
Cont.
34. Chapter Summary
5.7
12
List defenses available to defendants in divorce
actions.
Describe the role of the paralegal at each major
5.8 stage of the divorce process.
Class Name
Instructor Name
Date, Semester