In law, a family lawyer in New Territory 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 New Territory 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 New Territory 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 New Territory 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 New Territory 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 New Territory 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.
Family Law - Finding a Good Lawyer
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.
Divorce Mediation Using a Family Law Or Child Custody Attorney As a Mediator
The divorce process varies from state to state. However, what doesn't vary is that divorce can be very, very expensive. There are a number of reasons for this but the primary reason seems to be emotions. Emotions get us to do stupid things like paying $5000 to fight over something worth $500. Its not until the dust settles do we realize how stupid we were. While lawyers are supposed to protect you, it may be in their best interests to fan the flames of the case which will only run up your bill. Luckily, divorce mediation provides an alternative to a traditional divorce and all the headaches it can bring.
Fighting a traditional divorce case will likely require each party to hire a lawyer and pay a retainer which could start at $5000. Going through the divorce case could take years to resolve. As a result, your final bill could be tens of thousands of dollars. However, when it comes to divorce mediation, there is only one person to hire, the divorce mediator. The initial retainer will likely be less than just one attorney, let alone the two that you would have to hire. This is because a typical divorce mediation could be settled in as little as ten hours. Thus, even at $400 an hour (some rates may be much lower), the total cost to the both of you is only $4,000. This equates to a 90% cost savings or more.
If you submit your case to the court either via a motion or trial, it will be the judge who determines the outcome of your case. On the other hand, the mediator does not dictate how your case will settle. Instead, the mediator will help the both of you make all of your own decisions. When deciding if mediation is a good idea, ask yourself this: "do you really want a stranger who knows nothing about you and your family dictating your family's future?". Of course, you can back out of the divorce mediation at any time since it is voluntary. Thus, you shouldn't view it as an either-or approach. Instead, its an alternative you can try and if it doesn't work, you can still fall back on the traditional approach.
Mediation allows you to work out your divorce issues, in a private, confidential and informal atmosphere. No court appearances are required until you settle your case. You can still use a lawyer before, during or after the divorce mediation as well. Before the mediation, a lawyer can help you get some ideas about what positions you should take and how a judge may decide the case. During the mediation, a lawyer can give you some ideas on how to negotiate and what deals are good. After the mediation, a lawyer can review the settlement to make sure that it is fair and equitable.
When you work together to come up with an agreement, you can both maintain a good relationship. Since you did this together and no one forced it upon you, there won't be that bad blood that can last for years after divorce. No one screwed over the other and no one pulled a fast one. You did this together. This is especially important if you have children since no matter what happens, you will be in each other's lives forever. Thus, divorce mediation is an option worth exploring for many reasons.