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Blog Posts in 2013

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  • 16 Dec. 2013

    Can I Retain an Attorney and a Mediator at the Same Time?

    Posted By The Buncher Law Corporation

    You can absolutely retain your own independent attorney, along with a neutral mediator, in any pending family law case. A mediator will remain neutral, and should be retained jointly by you and your spouse. Mediation sessions will be conducted with all parties present, and private negotiations or discussions should only take place with advance notice and consultation. However, many parties also ...
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  • 12 Dec. 2013

    What Information Will A Mediator In A Divorce Proceeding Need?

    Posted By The Buncher Law Corporation

    If you and your spouse decide to pursue mediation, the mediator will need to see the evidence to support your assets and debts before she can help guide you to an agreement. Parties to a dissolution action must complete both an Income and Expense Declaration and a Schedule of Assets and Debts. They must also share their last two years of tax returns, along with the last three months of paystubs or ...
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  • 9 Dec. 2013

    Why Should I Consider Mediating My Divorce?

    Posted By The Buncher Law Corporation

    Mediation offers a convenient forum for you and your spouse to dissolve your marriage without the time and expense associated with a formal court action. Here's how it works: You and your spouse retain a mediator together. The parties work jointly with the mediator to discuss and negotiate specific issues in the case. Negotiations should be transparent, and the mediator should not consult with ...
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  • 5 Dec. 2013

    What Legal Standard Will The Court Apply In An Action To Modify Support?

    Posted By The Buncher Law Corporation

    To prevent filings based on inconsequential increases and decreases in income, the law requires showing a substantial change before a support order can be modified. Unfortunately, there is not a "bright line" rule to determine what actually constitutes a substantial change income. However, an attorney can help you evaluate whether dips or increases in income can justify a filing. This is ...
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  • 28 Nov. 2013

    What You Need To Consider Before Pursuing A Support Modification

    Posted By The Buncher Law Corporation

    Clients often ask about pursuing child and spousal support modifications. However, there are a few things to consider before filing a Request for Order with the court. First, you need to have a firm grasp of what the other party is earning. The best way to obtain information regarding income is to serve Family Law Form 396 on the other party by certified mail. This form, entitled "Request for ...
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