In law, a family lawyer in Midtown can deal with many different cases, which fall under it. This field deals with the different issues that are often related to this basic unit of society. The main point of the attorneys that practice family law in Midtown is to keep the peace within the unit and help the members be in harmony with each other. There is a variety of cases that get filed which fall under family law. Examples are divorce, separation, annulment, adoption, spousal abuse, child abuse and many others.
Family unions in Midtown are among the many cases that a lawyer may encounter in family law. The union and dissolution of people is often dealt with in this field. Prenuptial agreements are usually drafted and made by legal representatives who are very well versed in the laws that govern these unions.
These agreements usually outline the conditions of the marriage and deals with the results or outcome of the union when an end is apparent. The same family law professionals in Midtown who can draft and make the prenuptial agreements deal with divorce, legal separation and annulments. The many different aspects of the dissolution of the union are also part of the responsibility of the attorney. These include dependents such as children and pets, properties and assets as well as others. There has to be an agreement between both parties regarding the many different matters that often come up when partners in Midtown dissolve their union or partnership.
If there is no agreement, both parties may need to go court and be heard by a judge. The lawyer usually represents his client in the meetings for the amicable dissolution of the union as well as the hearings that will follow if there is no agreement reached. It is important that the client outline his or her preferences to the family attorney in Midtown before attending any meetings in which the terms of the dissolution will be discussed. This is so that there is already a clear understanding between the attorney and the client as to what the goals of the meetings are.
Benefits of Hiring a Child Custody Lawyer
Today, for significant portion of adult and children marital and family relations are neither straightforward nor stable. In the US, according to the recent researches 13.8 million children, 25% of those under the age of 18, are living with only one parent and another 5 million children in two parents homes live with a biological parent and a step parent. And it is a clear estimation that half of the marriages will end up in divorce.
Now, when the problem of family disruption is a widespread, the question of how to minimize the pain of disruption arises with growing number of professional.
If we are establishing minor dispute mediation centers in the country and developing effective divorce mediation efforts, however not only must we be knowledgeable about the process of mediation but we must also ground the knowledge in substantive understanding of the broad-range impact of the divorce on people's lives.
According to a research, there are at least "six divorces" contained in any marital breakup which count as emotional, legal, economic, co-parent, community, and psychic divorce.
Today, as mediation is very common, some states of the US have quite constant and broad use of divorce mediation e.g. Taxes and Connecticut. On contrary, in many other states the divorce process is made complex and difficult hoping that this will improve the quality of families. In fact this attempt has saved many marriages but, if the marriages cannot be saved what is the next alternative?
Usually divorcing couples lack information about the divorce process and are unnecessarily fearful of what may happen. Many just wanted to know their rights for years; the "knee jerk" reaction was "I'll get an attorney."
This is at the responsibility of the divorcing couples that they should supply themselves with sufficient enough knowledge about divorce so that they have a choice of which divorce process is best for them. In most of the situations at least 95 percent of all divorce cases settle rather than being tried to conclusion.
A divorcing couple must subject themselves by asking how much time and energy do they waste on the way to a hostile or angry settlement? Are there better ways to achieve settlement? The answer is yes! There are better ways to achieve settlement. Divorcing couples should consider their options in a constructive and progressive manner starting with the least hostile approach, divorce mediation.
The term "mediation" got significance in the area of family law for about 25 years now. As the family problems are becoming extensive, likewise divorce has become so very common. And thus every involved one is in search of an effective a way-out. A divorcing couple knows that divorce just doesn't end everything about a marriage, though it ends the legal contract between a husband and a wife but, it shatters the household that was based on that marriage. It also cannot break the relationship that the children of the marriage create merely by existing.
Mediation, also called as "alternative dispute resolution" is a process by which an impartial third person (sometimes more than one person) helps two discordant parties to resolve dispute through a mutual concession and face-face negotiation. A mediator is a trained professional who doesn't force rather assists the parties in their own negotiation without making decisions for the parties. A mediator rather help the parties understand what is happening to them and encourages them to negotiate in good faith that brings fruitful results in future.
Mediators most often are appointed by the court, usually with agreement by the lawyers for both sides. Mediators come in several varieties. Some of them are professional private mediators, many of whom are lawyers. They eliminate the need for a jury trial about 90 percent of the time. Others are volunteer mediators and many of them are retired attorneys or nonlawyers trained by Dispute Resolution Services. Their settlement rate is 65 to 70 percent most of the times.
After a long course of hard work, if divorce mediation doesn't suit, the parties should consider a collaborative law divorce. It is a process in which the parties and their attorneys agree to resolve all issues in an atmosphere of cooperation, honesty and integrity with out being engaged in adversarial tactics in or out of court.
If divorce mediation and collaborative divorce do not work for a given couple, the parties may choose the adversarial approach (keeping its cost in mind).
Mediators often seek to better meet the supposed advantages of the mediation process over litigation. The general benefits and advantages argued to be seen as a result of divorce mediation include:
- Both the parties are free to air their concern.
- A neutral person assists both the parties
- The approach is always nonadversarial
- Both the parties have control over the outcome
- The costs are cut to a great extent
- No one's privacy is hurt
- A settlement agreement according to the family's needs
- Avoidance of litigation
Extensive researches show that mediation is the appropriate way but the argument is the field is still lacking knowledge on the effect of personality styles on mediation outcome. Despite substantial support for divorce mediation disadvantages do exist.
Divorce mediation may not be appropriate for both the spouses undergoing the process. It has several disadvantages as well:
- The other spouse may not cooperate and you can't force him/her.
- The other party may try to show dominance over you and here a court lawyer can only offset the imbalance.
- The other spouse may frighten or threaten you, and once a spouse is afraid of personal safety, the participation interest drastically drops down.
- Others argue that the decrease in the cost of mediation and the higher fee of lawyers is due to their high expertise in the field and only they can better predict the appropriate outcome of the case.
Therefore, every divorcing couple must try to settle down their marital issues within themselves. If they can't go that way at least they must not hide anything from one another and should undergo the mediation process leading to a conclusion. In circumstances, the situation goes out of hand and both the spouses cannot reach to conformity, the traditional adversarial approach could be a final resort (bearing the costs in mind).
A Talented Child Custody Lawyer Will Help You Prevent Complications In The Future
Divorce is an emotional, stressful ordeal for a couple to endure, and the presence of children in the marriage makes the process even more difficult. One of the first decisions that will have to be made in the event of a separation or divorce is which home the kids will spend most of their time in. There are no easy answers to this question, but parents who cannot come to an agreement may have the custody battle settled in court.
There are many factors that may go into determining which home will serve the best interests of the children, which is why it is important to have the help of a child custody lawyer who can ensure the process will continue smoothly and fairly. It is important that each parent works with an individual attorney who will protect that person's rights. Sometimes, the children even need to have their own attorney involved to make sure their best interests are taken into consideration.
Difference between Legal and Physical Custody
The matter of child custody is further complicated by the fact that there are different types of custody to take into consideration. Physical custody is generally given to the parent the child will be living with most of the time, since this is the person who will be physically with the child the most. Legal custody entails the decisions that go into raising the child, and may include decisions about health care, education and religion. In some cases, one parent may have primary physical custody while both parents equally share legal custody. A child custody lawyer will be able to help parents determine the best interests of the child in both of these areas.
Joint and Split Custody
Two types of child custody settlements that are not recommended as often are joint custody, where both parents share equally in the physical custody, and split custody, which entails splitting up siblings so each parent can have a child full time. The courts generally do not like either one of these arrangements typically, since most psychologists will agree that either of the situations will be stressful for the child. The rare occasions where joint custody is awarded will usually involve two parents who have proven they can work well together for the sake of their children. If one of these situations actually appears to be the best solution, a child custody lawyer can ensure that this agreement is properly carried out.
In most cases, the courts would prefer that parents reach their own agreement on child custody. This can be done with the assistance of child custody lawyers assigned to each party, and a mediator if necessary. If parents cannot reach an agreement, the courts will be forced to decide how custody will be awarded. Many factors will go into this decision, such as a child's preference if he is old enough to say, best interests of the child and the child's primary caregiver. A child custody lawyer working for each party will ensure the decision is fair and that the rights of both parents and the children are protected throughout the process.