In any divorce, there are three general categories of issues to be decided at trial:
If there are children, custody, child support, and parenting time
Division and allocation of the assets and debts of the marriage
Allocation of future income in the form of spousal support
It is fundamental in any court proceeding that both sides know what the issues are in advance. This is a fundamental right of due process. Divorce law is no different. You cannot prepare to argue that your spouse should not receive spousal support if you do not know he or she is going to make a claim to receive support after the marriage, for example.
With our Portland Divorce Issues Lawyer both parties have the opportunity (and the obligation) to tell their spouse what divorce issues they intend to raise at the Mediation Binding Arbitration. Both parties are provided a list of all the possible issues they can raise based on their circumstances. If an issue is not raised before the MBA, it cannot be brought up at the mediation, unless your spouse agrees to allow it.
This is a fundamental component of the One Day Divorce process. It ensures fairness and transparency. It ensures that neither party is blindsided or ambushed at the MBA by demands they were not expecting and could not prepare for.
How The One Day Divorce Process Works
Both parties will receive the same on-line interview asking what issues they would like to raise during the Mediation Binding Arbitration. Both parties will see the other’s responses. The issues will be clarified during the Pre-Mediation Conference. At the Pre-Mediation Conference, the mediator will explain what Oregon law is on that issue, and what documentation will be necessary to help a party make his or her case.
If the parties agree on the issue during the mediation, then the matter is settled. If not, once the mediation is concluded, the mediation becomes a binding arbitration, and the mediator will make a final decision thereby settling the issue.
This is in contrast to traditional divorce litigation where you are required to mediate, and then if you fail to reach an agreement on any or all issues, you still go to court and appear before a judge who will decide the same issues at a trial.
How Can A Portland Divorce Issues Lawyer Can Help You
In a traditional divorce, one party files the issue they intend to raise with the court, and then the other agrees or disagrees, and can raise new issues. This process alone can take months. At One Day Divorce, both parties will know and discuss the issues they intend to raise at the Mediation Binding Arbitration. They will work with the Mediator efficiently towards an agreement with their spouse. There are no surprises. And, this will be completed in weeks.
Contact Our Portland Divorce Issues Lawyer
At every stage of the process—from before your initial filing to the day your divorce is finalized—the team at Leskin Law and Mediation will support you and make the experience as easy and efficient as possible. To learn more about the One Day Divorce process or to schedule your free consultation with a divorce attorney, contact us online or call (888) 888-8911 today.
Get Help Now
Contact Leskin Law and Mediation to discuss whether the One Day Divorce approach is right for you. There is no charge for this consultation.
Call Leskin Law and Mediation For A No Cost Consultation
Call or use the contact form to schedule a consultation to discuss if the One Day Divorce process is right for you. There is no charge for this consultation. By the end of the call, you will know when your divorce can be finalized and how much it will cost.