The court must also believe that the agreement is fundamentally just and that neither party used fraud, coercion or threat to reach the agreement. One of the most common ways to find a solution after adultery is through the mediation process to reach agreement on the terms of a separation or divorce. In divorce mediation, you agree to a meeting between you and your spouse and, in some cases, each of your lawyers. You call a third party who acts as a mediator. The Ombudsman is not responsible for making decisions on your behalf, but uses his experience to make proposals that will help you and your spouse reach a fair agreement on issues such as child support, child care and the distribution of your common property. First, you should acquire the necessary legal forms from the legal library of your courthouse or the government or judicial website of your state or province. (For example: www.illinoiscourts.gov/forms/approved/divorce/divorce.asp has forms as well as instructions for those seeking a divorce in Illinois.) As with any legal agreement, you must first provide the full name of the parties participating in the agreement. In this case, you and your spouse. Child custody can be regulated in a number of ways. For example, you can grant one parent legal custody and physical custody to the other parent, a parent may have both legal and physical custody, or both parents have joint legal and physical custody. The chosen custody regime depends on a thorough examination of what is in the best interests of the child.
Shared custody is the most common rule. If you are able to obtain a marital settlement agreement before going to court, a lawyer or mediator can draft the agreement and present it to the judge who verifies the conditions and ensures they are fair and fair. The judge may ask questions of one or both parties for clarification and ensure that any agreement is reached. Since there is no investigative procedure in divorce proceedings, the judge does not have the opportunity to decide whether your agreement is fair (“fair”), but only if it is in accordance with state laws and therefore legal and applicable. Note that state law is very different with respect to the specific requirements for initiation of a divorce case in the family court. To help you determine the specific forms and procedures you need to follow, contact a family or divorce administrator (often the court secretary) at the jurisdiction in which you will present your case. A divorce agreement is a legally binding document, in which you and your spouse can agree on the terms of your divorce and cover a range of topics, including custody of the children, spout, shared ownership, custody and access, as well as any other issues relevant to your situation. Family law is complicated and you do not want to stick to an unfair or unenforceable agreement because you did not understand what that agreement really meant. We recommend that you answer questions in “5 Questions You Ask Yourself Before Choosing a Do-it-yourself Divorce” before starting this task; Understanding potential pitfalls or problems in advance will help you make better decisions.