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ODR FAMILY MEDIATION

The judicial system identifies these cases as Domestic Relations because their issues addressed by the Family Law Statutes.

 

As the parties consider ending their relationship and decide to file their petition with the court, they follow the judicial process for the termination of their relationship. The court will order them to mediation before scheduling a Final Orders Hearing in which a judge would take decisions on their case. In general, Domestic Relations cases, polarly known as Family cases, are divided in two major sections:

 

Pre-Decree Divorce Cases

These are divorce cases in which the court has not given a ruling nor issued the divorce decree. Per judicial Process the court will require each party to submit and exchange:

 

-Sworn Financial Statements

-The Parenting Plan which includes:

  • Parenting Time allocated for School Schedules, Holidays, Vacations and Travel.

  • Major Decision Making over Schooling, Medical and Religion.

  • Medical Coverage and Extracurricular Activities and Expenses.

-Separation Agreement which includes:

  • Division of Real Estate, Financial Assets, and Debts.

  • Retirement Plans eight civilian and/or, Military.

  • Allocation and division of Taxes.

  • Division of personal property.

 

 Post - Decree Divorce Cases

These are cases in which the court has taken a final decision on the case and issued the divorce decree. Typically, one of the party's is requesting to modify the court’s orders in the divorce decree or the court’s orders; these cases typically imply:

  • Modification of any of the terms of a divorce hearing or, the court’s orders from subsequent post-decree hearing.

  • Contempt of Court in which one of the parties believes the other is not following the court's orders or, the terms enclosed in the divorce decree. 

 

Key Aspects​​

  • It is an assisted resolution process based accessible through mediation on the principles of informed decision-making and self-determination.

  • Mediation does not impose decisions; rather it is a lawful alternative to a litigated outcome based on a court ruling.

  • The parties have control over the process; they define their own resolution based on mutual agreement.

  • The agreements reached are intentional and relevant to the parties.

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