Divorce Category

How Do Judges Decide Which Parent Gets Custody of a Child?

When parents cannot agree on how they are going to raise their children after separation, judges or arbitrators have to decide which parent should have custody. That is unfortunate because judges usually have a very limited amount of time to spend with the family. They may not see the children at all, and yet the judge is making critical decisions about the rest of the children’s lives. It is almost always better for the parents to decide what plan will work best for their children because they know the children and themselves better than a judge will ever likely get to know them. Arbitrators can sometimes get to know families a little bit better, especially when they act in the role of mediator/arbitrator. But still, their knowledge of the family will never be as good as that of the parents.

When deciding which parent should have custody, judges and arbitrators give almost no weight, perhaps no weight at all, to what the parents want. The law requires that when a judge or arbitr...

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The Pros and Cons of Pro Se Divorce

AttorneyTribe

Whether the reasons involve mistrusting attorneys, high fees, or the belief of the "easy" case, pro se divorce filings are increasing. This trend is likely to continue as form availability increases and online document services such as LegalZoom grow.

However, divorce is an area with the greatest life impacts. It affects future relationships with children, the handling of assets, and if one spouse is self-employed, the way the business and its assets are managed. A poorly executed divorce results in more than inconvenience. It can even ruin lives.

Like anything, pro se divorce has its advantages and disadvantages. However, keep in mind that there are some circumstances where pro se divorce is not recommended.

Pros

Cost Savings. A mediated divorce case can start at $3,000.00 for fees and costs and litigating in court can cost up to $30,000.00 per party. Filing pro se means paying filing fees and a document company, which amounts to only a few hundred dollars.

If you have no j...

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Spousal Support and Maintenance

AttorneyTribe

Spousal support and maintenance were developed to protect the interests of wives in divorce law. The thinking at the time went that since women did not work outside of the home, they would need some method of support so that they could continue to care for themselves and the children. As a matter of public policy, the courts did not want a woman with children to be divorced and then have nothing to support the children with. Thus, the concept of alimony or spousal support and maintenance was developed.

Spousal Maintenance

Getting a divorce is quite easy under divorce law. Only a few states require that cause be given, and no fault divorce is the majority policy for most states. While a good attorney or law firm can give you better insight into your particular jurisdiction, getting or owing spousal support and maintenance varies based on the state.

Most of the time, courts have broad discretion to order spousal maintenance. Spousal maintenance is distinct from spousal support, though...

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Custody Arrangements Both Parents Can Agree On

AttorneyTribe

Divorce is always a life altering decision for the people involved. The feelings of hurt and anger that former husbands and wives have during the divorce proceedings often cloud their judgments, making it difficult to separate good decisions from bad ones. If the couple getting a divorce are parents, it is often the children that wind up suffering the most.

One of the most difficult decisions when it comes to divorce of a couple with children is, who will have custody? In too many instances, the children become pawns in a power play between the former spouses. If you are a parent going through a divorce, it is important that you and your former spouse find a custody arrangement that works, not only for the two of you, but most importantly for your children.

There are two types of the custody of children that can be assigned by the courts in a divorce; legal custody and physical custody. Each type of custody may be jointly shared or sole custody where one parents takes on the responsi...

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The Best Interests of the Child

AttorneyTribe

In family law, matters regarding the children are generally settled using the best interests of the child test. The best interests of the child is a factor based test that developed in response to the parens patriae doctrine. The purpose of this standard is to place the focus on the children and represent their interests. In custody, divorce, and other similar legal battles regarding children, the children generally have no one representing their interests. They have the most to lose and the least ability to protect themselves whereas the adults in the case can represent themselves and their interests.

Basic Factors of the Best Interests of the Child

Every state has some form of the best interests of the child standard. In family law, the law firm or attorney who is representing you should give you a walk through of what to expect. It’s a good idea to hire a family law lawyer from a law firm or private practice to assist you in a matter involving family and domestic issues. Rem...

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