No one likes to think their marriage will not survive, but the sad reality is that 40 or 50 percent of marriages in the U.S. end in divorce. Some marriage partners are able to separate with civility, but others wind up enmeshed in costly, lengthy, and messy legal battles. A lawyer who is trained and experienced in marital and family law can often help expedite divorce and resolve marital issues with minimal disruption to the families.
Financial matters and child custody are typically the major areas of contention in a divorce. While it may seem like bad luck to plan for divorce before even getting married, prenuptial agreements, or prenups, can ease fighting over finances in the case of divorce. Prenups allow the intended to decide in advance how assets will be distributed-that is, who gets what. Prenups avoid costly lawsuits, protect family and business assets, protect against creditors, and ensure the proper distribution of assets. In recent years prenuptial agreements have increasingly become an accepted part of overall estate planning.
There are other ways to resolve divorce issues out of court. Couples may be able to arrive at a fair and equitable divorce settlement through mediation. Some states actually require mediation if couples cannot reach an agreement on their own. In mediation the marriage partners meet with an impartial certified mediator who helps them arrive at an agreement. Arbitration is different from mediation in that the arbitrator, not the couple, makes the decision, which is usually final and binding. The arbitrator's decision essentially becomes the court decision, but it is all done out of court.
Child custody decisions can be heart wrenching. Unless the parents can make a reasonable arrangement on their own, the courts will intervene to ensure the wellbeing of the children. The court can assign legal custody, which covers major childrearing decisions, to one or both parents. Physical custody, on the other hand, involves where the children will live. Joint physical custody means the children live part of the year with one parent and part with the other. If one parent wins physical custody, the children live mostly with that parent, and the other parent may or may not have visitation rights. Child support addresses each parent's financial responsibilities toward the children. States vary in their methods, requirements, and preferences for resolving custody disputes. For example, all couples with children who get divorced in Florida must take a parenting course. Parents who want continued involvement in their children's lives should seek legal counsel to represent them in legal custody decisions.
Establishing paternity is becoming an increasingly significant aspect of marital law. Each parent may have different reasons for wanting (or not wanting) paternity testing. Paternity testing clarifies parental rights and responsibilities and can allow or block custody and visitation rights. Attorneys who specialize in marital law can represent either parent in court, advocating on his or her behalf in this complicated and sensitive family matter.
The sad news is that many marriages end in divorce, and children may suffer as a result. The good news is that experienced marital and family lawyers help marriage partners arrive at satisfactory settlements.
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About the Author
Chris Robertson is a published author of Majon International. All Rights Reserved. Copyright 2011 (Sat Jan 23 2010) Majon International. Majon International is one of the worlds MOST popular internet marketing and internet advertising companies on the web. Visit their main business resource internet marketing web site at: http://www.majon.com
