Oftentimes in a divorce or separation, people assume that assets need to be divided… but that isn’t *always* the case, especially with farm and ranch divorces. Read my Fact Sheet on Keeping the Farm Business Intact with the National Agriculture Law Center here. You can read all of the fact sheets on family law issues with agriculture here.
Read Texas associate attorney Stephanie Bradley Fryer‘s take on community property issues for farm and ranch divorces. Cari and Stephanie teamed up on working on this Fact Sheet with the National Agriculture Law Center on this issue. You can read all the Fact Sheets on family law issues in agriculture here.
As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership. The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …
I am very excited to announce that I have recently been appointed on the roster of mediators and child representatives/Guardian ad Litems for the Fourth Circuit in Illinois, which includes my hometown county of Shelbyville. I’m thrilled to be part of the team of professionals helping families navigate conflict. I’m pretty passionate that the courthouse is not the answer to …
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
The mediator should begin the mediation session with laying a few ground rules. Here are some examples: 1. Explaining his/her role in the process 2. Reminding everyone about confidentiality and how the information used in the mediation is for “settlement purposes” and cannot be used in court 3. Depending on preference, asking the parties to put cellphones on silent or …
Initial Contact. Typically, one person calls the mediator at first and requests a telephonic or in-person consultation. If the initial consultation is given to only one party, then in efforts to stay neutral, private time with the mediator is also offered to the other person. Some mediators choose to charge for the initial consultation. Confidentiality Agreement. During this stage, …
In yesterday’s post, I noted what mediation is NOT. Well, this is what mediation IS: Mediation is a Conversation Put simply, the role of the mediator is to facilitate a conversation between the parties The mediator is not there to listen to testimony like a trial or arbitration. Albeit “heated” at times, a mediation session is conversation focused. Mediation Allows …
When I talk to folks about what mediation is, sometimes is easiest to explain what it is NOT first. I’m going to compare mediation to other forms of alternative dispute resolution. Litigation – Although mediation can be used in disputes between parties who are involved in litigation, the mediator is not acting like a judge, making a decision. Unlike trial, …