In case you missed it, here is a replay of a CTC Live I did on March 4th. One thing I talked about was who to listen to when you are trying to make decisions about your case. When you are going through a custody case often times it is really confusing because first of all you haven’t been to law school, the law is confusing and there are different kinds of laws you have to be mindful of when you go to court. I talk about some of these laws as well as answer some questions and comments from viewers.
Please read legal disclaimer at the end of this post.
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SHOW NOTES AND TIME STAMPS:
Viewer asks what sorts of questions her son should ask the mother at custody trial. Wendy discusses her Childs Best Interest Factors Checklist.
Wendy talks about the importance of the laws of procedure in your State when you are starting out on your custody case. These laws...
Wendy Hernandez, family law attorney talked on a number of topics including what to look at when choosing a divorce attorney & how to save money when you do have an attorney.
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Legal Disclaimer from Wendy Hernandez
The fact that we are on this live stream doesn't mean that an attorney-client relationship has been made. In order to have an attorney-client relationship, you have to retain an attorney and sign a contract with them. Then you will have a privileged and confidential relationship. Everything that's in this video is public knowledge and I'm not your attorney. If you have questions, my answers might be different than the laws in your jurisdiction. I try to stay general and address the best interest of the children in addressing general divorce law and general family law questions but there may be differences wherever you are.
Question from a woman who...
In this replay of COMMAND THE COURTROOM LIVE family law attorney Wendy Hernandez talks about dealing with controlling stepparents, how to prepare for divorce or custody mediation, relocation and answers some viewer's questions.
(Show Notes are below)
0:07 - Attorney Disclaimer: Just because you're watching this live stream does not mean that we have an attorney-client privilege. You need to meet with an attorney and sign an agreement entering into a retainer agreement before there's a attorney client privilege. You need to know that any communication that we have on this live stream is not confidential theoretically. If your ex is also on the live stream and you know they could get information from the live stream as well if the end of. The live stream is for educational purposes and informational purposes. I am NOT your attorney and the information that I give you and what comes of it really depends on your case and your circumstances and what you choose to...
Today I want to talk to you about divorce by mutual consent and what that means. I’ve helped thousands of people go through the divorce process during my 20 years as a family law attorney.
When you have a divorce by mutual consent it means that you and the other party are in perfect agreement with how your case is going to be resolved. In other words you and the other party have no disputes on how children are going to be settled with custody and parenting time with your kids.
You have no disputes about how assets and debts are going to be divided. You are in absolute and perfect agreement. When you proceed in your divorce by mutual consent all of those agreements are put into writing and put into a form that’s accepted by the court wherever you are located. That form is typically called a ‘consent decree of dissolution’. You put all of your agreements in the consent decree and you get it into a form you both...
I've helped thousands of people in my 20 years as a family law attorney get their divorce process started. I've also helped them walk through the divorce process. Although starting the divorce process from an emotional standpoint may be a difficult thing, from a practical standpoint, it's really not that hard.
The thing you need to do to start your divorce process is file something called a petition for dissolution of marriage. In some jurisdictions it may be called a petition for divorce. In your petition for dissolution you're going to be telling the other party and the court what it is you want to happen as a result of the divorce.
A broad outline of what you will be including in your petition for dissolution is you're going to be making statements or proposals about how you want to share children as far as custody and parenting time; the division of property and assets and spousal maintenance or child support.
You need to check the laws...
Welcome to the fifth video in my series on how to resolve your divorce or child custody case outside of the courtroom. So, in the first four videos we talked about exchanging letters or emails, informal settlement conferences, collaborative divorce and mediation.
In this video I want to talk with you about arbitration. Arbitration is another way that you can expedite resolving your case outside of the courtroom. Although it is quite a bit like getting your case resolved in court. In arbitration you and the other party would mutually select an arbitrator to decide the contested issues in your case. The arbitrator could be somebody who practices family law and has a lot of experience, it could be a retired judge, or it could be anybody else that you mutually select.
The job of the arbitrator is to hear the contested issues and make a decision. I have conducted arbitrations and I participated as a representing a party in arbitrations. An...
This is video 4 in my series on how to resolve your divorce or child custody case outside of court. In the first 3 videos we have covered the simple strategies of writing letters back and forth, we’ve covered informal settlement conferences and also collaborative divorce. In this video I’m going to talk to you about mediation which is another type of alternative dispute resolution.
Mediation is a process whereby the parties meet and if they have attorneys the attorneys are often present. There's a key player that is involved that differentiates mediation from just having an informal settlement conference. In divorce meditation there's a neutral person who is trained in mediation and that person works with the parties to try to help them resolve their differences.
In most of the mediations that I participate in the mediators do the mediations in a caucus format. So what that means is that each party has a room to him or herself. If the...
This is video 3 in my series on how to settle your family court case outside the courtroom. In video one we talked about sending letters or emails to try to settle. In video 2 I talked about having an informal settlement conference with your ex or soon to be ex and in this video I'm going to talk with you about alternative dispute resolution.
Alternative dispute resolution is an alternative way to resolve your dispute. Makes sense right? There are lots of different types of alternative dispute resolution and I'm going to cover a few of them in subsequent videos but I just want to highlight what those are for you before I delve into the first one.
One method of alternative dispute resolution is called mediation and that's when you and the other parties sit with the neutral who tries to help you work out the details of your case. Another method of alternative dispute resolution is arbitration where you and the other party mutually select an arbitrator and oftentimes it's...
This is the second video in a series of videos on how to settle your divorce or custody case outside of the courtroom. In the first video I talked about trying to get a settlement the good old fashioned way, by writing letters or exchanging emails back and forth with the other party to see if you can reach some sort of agreement on the contested issues. In this video I want to talk to you about what’s called an informal settlement conference.
A settlement conference is exactly what it sounds like. It’s a conference where you sit down the other party and you try and settle things. As a divorce attorney I do a lot of these informal settlement conferences. Sometimes when people are represented by an attorney, the other party will just head over to my office and we sit down and try to hammer things out informally.
There is no court reporter, judge or mediator present. It is just the 4 of us trying to talk through the issues in their divorce or child...
In the next five videos I am going to give you some information on alternatives for settling your case outside of the courtroom.
Without a doubt it's better for you to take your own life into your own hands and resolve the case if possible with your ex-partner outside the courtroom. If you don't settle your case then what's going to happen is you're going to end up in front of a stranger a judge who's going to make decisions about your life and maybe the life of your children, your future financial life after having heard about the history of your case over just a few hours.
In extreme cases maybe you'll get a day or two or maybe three but that's still not a lot of time. The judge is still a stranger and it's still scary in my mind to have a stranger making those decisions. I want to help empower you to take your life into your own hands and look at these strategies. So the first strategy I want to talk to you about is just writing letters....