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News
01/01/10
New Court Rule Makes Non-adversarial Divorce Processes Like Mediation and Collaboration Even More Advantageous
A new court rule, effective December 1, 2009, vests more control in the court over the lives of couples choosing to divorce the “old fashioned adversarial” way.
There are now new consequences if the divorce case is not settled within the 90 day waiting period:
- Each spouse must file a sworn financial affidavit with the court. Financial affidavits are detailed statements reflecting the spouse’s income, expenses, assets and debts. Sworn affidavits must be filed even if full financial information is not yet available.
- The divorcing couple must file with the court a “parenting responsibility plan” which includes, among other items, the custody arrangement and parenting schedule. In many cases divorcing spouses are still residing together, have not decided whether they will be keeping or selling the family home and have not yet had the opportunity to carefully consider and create an effective parenting plan for their children. Yet, they are expected to put all these crucial items affecting their children’s future in a document and file it with the court immediately after the 90 day waiting period has expired.
A couple, who do not or cannot file such a parenting responsibility plan by this deadline, must appear in court. The court may appoint a guardian or attorney for the children, ordering one or both spouses to pay the legal fees, order substance abuse evaluation screening or other procedures affecting the children or the family. This intrusion into family life is possible even if, given additional time to focus on post divorce parenting or perhaps with the assistance of professionals from outside the court world, the divorcing couple might have reached a parenting plan on their own.
The new rule certainly should encourage spouses considering divorce to fully investigate non-adversarial methods of divorce such as mediation and collaboration. These methods will give the couple the tools, support and opportunity to maintain control over their divorce including the timing of the divorce, their lives and the lives of their children.
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