What We Do
WHEN both of you have tried and tried.
WHEN marital counseling is no longer an alternative.
WHEN all the good ideas you have heard and read about no longer work.
WHEN both of you have decided to divorce.
WHEN you don't want to spend many thousands of dollars on legal fees
WHEN you can discuss and agree and decide for yourselves
If you have reached the point in your marriage that divorce is obviously the only option and both of you have decided to dissolve the marriage, you are faced with a multitude of choices. Decisions must be made which will impact you and the children for years to come.
One of the first decisions to be made is deciding how to go through the divorce process. Do you each need to get an attorney or can you discuss and agree? FairVORCE offers a choice for those divorcing couples who can decide for themselves.
The goal in the FairVORCE divorce mediation process is to negotiateand achieve a written agreement so you can both go to court, without attorneys, to get an uncontested divorce. After you have a written marital settlement agreement, the court hearing on an uncontested dissolution can be set in a few weeks and the hearing itself takes only a few minutes.
The FairVORCE process is very simple. If the parties fit the FairVORCE profile, they sit down with the help of an experienced mediator and negotiate the final settlement agreement which covers all aspects of the divorce. The mediator is a former judge or an experienced trial attorney. They know how divorces are resolved and how to get there. The mediator acts as a buffer and guides the discussion and structures the negotiation. The mediator does not represent either party. The mediator does not provide legal advice. Remember, no one is forced to agree. Each party keeps control to agree or not, as they see their own best interest.
The steps to use the FairVORCE process include:
Step 1. One or both spouses call a FairVORCE administrator to discuss how the FairVORCE process applies to their particular situation.
Step 2. If both spouses agree to utilize the FairVORCE process, the first session is scheduled to meet with the mediator for four hours at a time and date chosen by the parties. The conference is held at the FairVORCE facility most convenient to the parties.
Step 3. At the first session, the parties review and subscribe to the FairVORCE process guidelines. The mediation conference begins and the discussion and negotiation is guided and structured to cover all essential points to achieve a final written settlement agreement. The process and completion of the agreement can be done at the first session. Some situations require subsequent two hour session(s) to cover all points of agreement.
Step 4. The mediator transcribes the agreement points to form the proposed final marital settlement agreement. The agreement is signed by both of the parties in duplicate and the originals are retained by our office for a period of 20 days. During this period of time each party shall have the right to have a copy of the signed agreement reviewed by their personal attorney (or anyone else) before the agreement actually becomes binding. If there are any minor changes that are agreed, they will be made. Any objections shall be in writing and provided to the mediator and to the other party. Objection by either party to any portion of the agreement shall void the entire agreement. Absent any objection, the duplicate signed originals shall become binding after 20 days and be released to the parties. If there is a pending Court proceeding, a copy shall also be filed with the Court.
Step 5. After the final marital settlement agreement is released either party may go to the office of the Clerk of the Court in the local county courthouse. The Clerk provides forms (for a minor charge) to the parties and they complete them as instructed. The completed forms are filed with the Clerk after paying a normal filing fee.
Step 6. The final hearing before the Judge is scheduled as instructed. It is held several weeks after filing. The parties appear at the hearing with their proof of residency and an original signed agreement. The Judge reviews the agreement, inquires of the particulars of the family situation and approves the agreement and grants the divorce.
If you feel FairVORCE is appropriate for your situation and if you are in the majority that can discuss and agree and can decide for yourselves, get started today by calling a FairVORCE administrator.
Save the money—avoid the uncertainty.
Mediation services for families to avoid the courthouse…since 1986