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A Family Lawyer Who Understands Family Matters Can Help with Divorce
On their wedding day, no couple contemplates divorce. While everyone thinks that their marriage will remain rock solid, that isn't always the case. Sadly, nearly 50 percent of marriages in the U.S. do come to that end. Divorce is one of the most stressful of all life's challenges, especially if child custody is involved. That's why it's important to get the assistance of an attorney who specializes in family law and understands family matters.
When a couple-or one member of the couple-decides to end their marriage they must petition the court for a legal divorce. If they are able to agree on the terms of the divorce, including issues such as child custody, child support, division of property, alimony, and spousal support, they may be able to conclude he matter simply with what's called an uncontested divorce. If, however, they cannot agree on the terms of the divorce, the courts will determine the terms in addition to ending the marriage.
Where divorce law defines the conditions under which married couples can end their marriage, child custody laws spell out the rights and responsibilities of the divorcing parents toward their minor children. In situations where parents cannot agree on the terms of custody the courts will decide, usually basing the decision on what is right for the child or children. Courts may grant one parent exclusive custody, may grant joint custody to both parents, or may even grant custody to a third party. The court considers the relationships between parents and children, the health of the parents, the home environment, the desires of parents and children, and other factors in making its decision. Courts may also involve psychologists or other professionals in determining what is in the best interest of minor children.
Visitation is another issue to resolve in many custody cases. Visitation gives divorced parents the right to visit with their children if the children don't live with them. It also gives children the opportunity to spend time with the parent they don't live with. As with other divorce-related matters, the court will decide on visitation if the parents can't agree. Courts may also grant visitation to people other than parents, often grandparents. The courts can also deny visitation to a parent if they deem it to be in the best interest of the children.
Different states have different laws, rules, and norms for divorce and custody. States may require counseling or mediation before granting a divorce, have a waiting period or residency requirement, or have other requirements. Most, if not all, states have no-fault divorces, which allow couples to petition for termination of their marriage without laying the blame on either party. Fault-based divorce, which some state allow, has advantages to one party or the other in certain circumstances. Grounds for fault-based divorces include adultery, abandonment, domestic violence, and domestic violence.
While spouses can file for divorce and custody without the help of a lawyer, attorneys who specialize in family law can make a big difference in the process and the outcome. Family lawyers are particularly effective in facilitating conclusions to contentious situations. A family lawyer can also play an important role if an appeal is involved.
+Chris Robertson is a published author of Majon International. All Rights Reserved. Copyright 2011 (Mon Feb 22 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
