Step three: What are your legal options?

Now that you found the right lawyer and had your initial consultation — now what? During your initial consult with your lawyer, you should have discussed all the options available to you. In family law (divorce, paternity, child support, custody or modification of a pre-existing order, guardianship, grandparent rights, et cetera), not every matter needs to be fully litigated. Other options include the following:

Pre-Negotiations: Occasionally there comes along a situation that we settle through negotiations before an action is even filed by sending an offer to the other party. The best situation for a successful negotiation occurs when both parties are confident they are aware of all of the facts and can deal with each other fairly. Once both parties agree on all the terms, we then draft the necessary documents to reduce your agreements to a binding court order.

Filing a Petition: If pre-negotiations do not work, then filing a Petition or a modification of a pre-existing order may be necessary. Once drafted and reviewed by you, the Petition will be filed with the court clerk and served upon the other party, who will then have 20 days to formally respond with a written Answer, if he or she disagrees with any of the facts or requests set forth in the Petition.

Default: After the 20 days has expired after being served and the other party does not timely respond, we can then draft the necessary documents for a default judgment. A default judgment grants you what you asked for in the Petition. Although not common, a default judgement can occur.

Mediation: Mediation is also available and usually occurs after the Respondent has filed an Answer. Both parties meet with an agreed upon mediator, who does not represent either side but is charged with the task of assisting the parties to come to an agreement on as many matters as they can to avoid a full blown trial. In family law cases, the mediator should be very familiar with all the necessary legal issues of the action. Our clients are well counseled as to their legal rights before they go to mediation. Parties can attend mediation with or without their lawyer, but either way, you will be well prepared before you go. If any agreements are achieved in mediation, we then draft the proper documents for review by and signatures of both parties that will result in a binding court order. Most cases resolve at the mediation stage after filing an action and all pertinent information is known.

Court hearings or trial: A small percentage of cases resolve through court trial. Interim hearings can be held to address temporary needs while the case is pending, such as child support, custodial schedule, who should pay what bills or who gets to live in the home while the case is pending.

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Merrilee A. Parr is an experienced family law attorney serving north Idaho since 1997. Merrilee can help you explore your best options when a legal action needs to be explored, filed or responded to. Call Merrilee A. Parr at (208) 667-1227 for an initial consultation.