Do I need education or alternate dispute resolution in a divorce?

On Behalf of | Oct 26, 2018 | Divorce

Missourians who have decided to divorce will undoubtedly understand that there are many issues that must be navigated. However, the law has certain requirements that people might not be aware of, but are important nonetheless. In some cases, the court will make it mandatory that there be educational sessions or alternative dispute resolution meetings. If this is the situation, the parties should know when it could be ordered and how it works.

When there is a divorce filing or a legal separation and children are involved with their custody and visitation rights in the balance, the court will have the parties take part in educational sessions. When there is a motion to modify any of these orders and the parties have taken part in educational sessions in the past, it might be ordered again. If the case is related to custody and visitation, the court might order that the parties take part in alternative dispute resolution. This can be avoided if there is good cause shown. Good cause can be if there is an uncontested or temporary case with custody or physical custody, or if there was a finding of domestic violence or abuse.

With alternative dispute resolution, the following will be in effect: it will be paid for proportionally by the parties; it is non-binding; it cannot be ordered or used for contempt; it cannot be ordered or uses for child support; and it cannot be used to modify a previous order that the court made unless there is an agreement to do so by the parties.

People who are divorcing will be going through the emotional, personal and financial worries of the entire process. Since it can be so complex and laws such as the requirement that education or alternative dispute resolution be used can be confusing, a law firm that specializes in family law and divorce can help with these matters.

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