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Some Features about Divorce Law------------------------------------------------------------3

The Most Important Part of Divorce Is Child Custody------------------------------------5

Typical Problems and Issues Divorcing Couples Undergo--------------------------------7

Marriage and Alcoholism: Divorcing Your Addictive Spouse----------------------------9

Joint Custody and Determining the Best Interest of the Child-----------------------12

10 Divorce Tips to Keep an Amiable Relationship with Your Ex-Spouse-------------14

Advantages of Divorce Mediation-------------------------------------------------------------16

Be Prepared Before A Child Custody Case Hearing----------------------------------------19

Some Features about Divorce Law

Divorce law is difficult and will take a long process, but the basics of which are easy to understand. To understand no-fault divorce law, one must realize that this is a divorce where the dissolution of a marriage does not require any wrong doing by either party. No guilty or innocent decision is given and neither party has to have committed serious marital misconduct for the divorce to proceed. This was the end result of the 1970 Californias no-fault divorce law.

Under the no-fault divorce system, there is no requirement of any allegation demanding divorce. No furtherance of proof of fault committed by either side of the parties involved. The only thing that can be considered is the mere declaration and application for the separation. The judicial court can easily be satisfied on the plain affirmation that the marriage has broken down. The differences between the spouses are sufficient for granting the divorce. This can be applied by either party or by both parties jointly.

In the United States, no-fault divorce law is currently in effect in all the 50 states. The latest one who recently passed a bill in 2010 to allow the no-fault divorce is the District of Columbia, New York. However, before the late 1960s almost all
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countries that permitted divorce required proof from the party applying for the divorce that the other party had actually committed an act of incompatible to the marital tie and the term grounds or the fault was the only requirement to terminate a marriage. Moreover, this fault-based divorce is contestable. Careful evaluation of the presented facts and data of the offenses which make the case expensive and with an end result that most divorce can eventually granted. Most judicial authorities around the world still require the proof of fault.

In the United States, most of the divorces applied are uncontested because both parties are able to come to an agreement, either with or without lawyers, mediators or collaborative counsel about the separation. The matters pertaining property, children, and support issues were amicably settled. Upon presentation to the court that a fair and equitable agreement was earlier made, approval of the divorce is almost guaranteed. In cases that the two parties cannot come to an agreement, they may seek for the decision of the court how to split property and deal with the custody of their children. Usually, the courts would prefer parties come to an agreement prior to entering court.

Divorce laws also arrange for the founding of financial support, often subject on the length of the marriage and other factors. Spousal support is becoming less common, because more women are entering the workforce and earning their own income.

The Most Important Part of Divorce Is Child Custody

When we talk about child custody, it means that a parent has legal custodial rights and responsibilities toward the child. It is the legally permissible and practical relationship between a parent and his or her child, the right of the parent to take decisions for the child, and the parents obligation to care for the child. A child custody legal proceeding is any case involving the childs protection, adoption, guardianship, termination of parental rights or voluntary placement of your child.

The court will also order for the legal custody of the child but the term does not include an order relating to the child support or other monetary obligation of an individual. The court will issue the support order that will be based on the childs needs, obligors ability to pay, custody arrangements and the child support guidelines. Moreover, the Criminal Code makes it an offense to abduct (kidnap) a child to malice a custody order. A child custody order initiates both the custodial and parenting time arrangement for the children.

In the case of an unmarried mother who has a child, she has legal custody of that child until a court says otherwise. For those who are married and decided to seek
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divorce, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the child custody decision under the law about the best interest of the child. The court retains the power to modify the custody arrangements until the child turns 18 or is liberated.

Most states the customary decision for child custody determination is the overall best interest of the child and focus mainly, and that it assures the safety, health, and welfare of the child. However, in some states, the frequent and continuing contact with both parents is included and leaves the parenting plan decision up to the resolution and discretion of the family court or a judge. In 1997, a uniform act was drafted known as the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) by the National Conference of Commissioners on Uniform State Laws, which give exclusive and permanent jurisdiction for the child custody lawsuit in the courts of the childs home state, which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding.

The worst case is when mediation fails where the next step is usually for a court hearing in order to solve the issues. Judges require custody assessments of the family by experts in the field of child psychology or mental health. Social workers are also called to present evidence for consideration by the court to make its decision. This can be very expensive, complicated case and long-draw out and will eventually result in denying child custody and child visitation rights to one of the parents.

Typical Problems and Issues Divorcing Couples Undergo

Divorce is a very messy business. A lot of emotional turmoil comes with thisfighting, tears, stress, and confusion. Due to the heavy emotions involved in this process, it becomes much more difficult to handle the real issues at hand. But it is necessary in order for both parties to be able to move on successfully and peacefully.

In California, the usual type of divorce is one that is caused by irreconcilable differences between husband and wife. It is very common for divorcing couples to become high strung about the divorce process that verbal attacks and emotional outbursts are always part of even the most formal of meetings regarding legalities. Sadly, this does not help the process but slows it down even more and makes it even more difficult.

The following are the most common issues that divorcing couples go through: Argument if an alimony support should be given from one to another Argument if payments for child support will be given and how much will it be Argument on child custody Argument on the type of child visitation and the agreeable schedules Argument on property and debt division Argument on who gets to stay in the marital house

Argument on whether there should be a restraining order, especially if the divorcing couple has violent fights

Most of the time, a restraining order will never be received lightly by the spouse it is put upon. This will cause even more chaos in the divorce process. Nevertheless, it is up to the judge if a restraining order will be granted to the one requesting it.

Regarding spousal support, there are criteria that must be met by both parties in front of a court of law before this is settled. They also should have been married for at least 10 years. There also should be enough evidence that one party will undergo heavy financial crisis without spousal support. The spouse from which the spousal support is being asked should also not be remarried yet.

In local courthouses, the Family Law Facilitator is found there to be able to offer assistance for divorcing couples in settling difficult matters. Most of the time, divorcing couples really needs mediation in order to successfully finish the divorce process.

The longer a divorcing couple dwells on their back and forth arguments about everything, the longer the process will take. That is why it is best to get good representation and assistance and try their best to keep their emotions under control.

Marriage and Alcoholism: Divorcing Your Addictive Spouse

Many people suffer from alcoholism, which is already a terrible ordeal in itself. If you add marriage into the picture, this is almost always a path to catastrophe.

Most people who find themselves in this situation usually did know that the person they were marrying was an alcoholic or could be one. The problem with alcohol may have only come about later into the marriage or possibly their spouse was already a drinker, but they were oblivious to the possibility that this may be a problem in the future.

However this may have come about, ending up married to an alcoholic is truly a terrible, unexpected thing. If you find yourself in this kind of situation, know that you are not alone. Alcoholism has a black history of destroying many marriages, families and relationships.

For addicts, they will put their addiction at the top of their priority list. Not even their spouse or children will be able to keep them from it. It is important for you to know that this is not your fault. Alcoholism is a condition that takes up the
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mind and body of the person addicted to alcohol. And any type of addiction is a destructive and untamed force.

If you are married to an alcoholic, you must immediately get professional help. This is easier said than done for most of the time your spouse will be unwilling to be treated or be in denial of alcoholism. This can be a terrible ordeal and even a losing battle.

Though many people who are married to alcoholics try their best to help their spouse recover from their addiction, many would simply choose to get out of the situation. You may have done all you can to help your alcoholic spouse, but you have been met with nothing but resistance and it has just continued to destroy your family.

Your children are surely also affected by this and it also affects your family financially, as an alcoholic will spend all your money to feed the addiction. Eventually, even proper communication is not possible, since your spouse is hardly ever sober.

Finally, as you reach the end of your rope, you must think of yourself and your children. This means divorce, or at the very least, a separation. You must keep yourself and your children away from the abuse of your alcoholic spouse.

You have to get two things done on the onset. First, get a lawyer and consult about how to divorce an alcoholic spouse. Second, learn as much as you can about the process of divorce and its laws. You must learn about child custody and the laws regarding your assets and belongings in the case of a divorce.
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Unless you are having a mutual divorce, you will find that it will be a very difficult battle, even if you have legal representation. Divorce will also take a huge emotional toll on you and your children. It is best to be equipped with the knowledge of your rights so that you will be able to get the divorce process over with as soon as possible.

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Joint Custody and Determining the Best Interest of the Child

One of the most famous lines you would hear in every family court during a child custody proceeding is in the childs best interest. But the interpretation of this statement highly depends on the judges of the family court therefore rendering its meaning obscure and relative.

But a child custody case is a very important proceeding that can be very stressful for both the parents and especially the child or children. It is vital that the decision made in a child custody proceeding will truly benefit the child, for it will greatly affect the childs development. It is also important for the parents to be able to put aside their emotional disputes and really focus on their childs needs during a child custody proceeding.

The laws surrounding child custody is different from each state. There is no set legal position in what defines the best interest of the child. Other states have preferences in joint custody, but others follow a case to case basis. These states try to amend their laws to follow their preferences while others still rely on the parents agreement.

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Like in most states, California defines the best interest of the child as one that assures the childs health, safety and welfare as well as a frequent and continuing contact with both parents of the child.

But in California, they do not have a set preference for or against joint custody or any variation thereof. It is mostly up to the family court and the judge to decide upon this parenting plan. California also adopted a joint custody presumption back in 1979, but in 1994, they amended this law to be able to allow joint custody only if the parents consent for this to happen.

No matter what position a state takes regarding child custody, in general there is more favor towards joint custody. There are more bills coming out to support this belief that a childs best interest is one that lets the child have continuous contact with both parents, unless certain circumstances dictate otherwise.

If you are currently in the process of a child custody dispute, it is better for you to acquire the services of a family law attorney for you to be able to fully understand how the laws apply to your situation. You would also want to know the aspects that influence the family courts decision in granting child custody so that you will know what rights and responsibilities are entailed in this proceeding.

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10 Divorce Tips to Keep an Amiable Relationship with Your Ex-Spouse

Do you ever wonder how some couples manage to have amicable relationships even after their divorce? Truly, these kinds of situations are not common, for divorce is truly shrouded by nothing but negative feelings. But if you have just gone through or are still going through a divorce, you may want to know these ten tips that may be able to help you and your ex-spouse achieve a similar effective relationship, for yourselves and for your children. 1. Live in geographic proximity. Especially if your children are still very young, this makes a big difference. They will always feel so much more secure if they have both their parents homes accessible, especially from school. 2. Keep the respect. Especially when you talk to your children about your exspouse, be respectful and focus more on each others positive qualities. It is a great disturbance to a child when their parents defame each other to them. They will always feel like they have to protect one from the other. 3. Honor each other as parents. Give praise and credit where it is due. As each parent does their duty to their children, honor this and do not feel like it is a competition for your childrens love. 4. Have a set schedule for parenting. It is important to give a child consistency. Custodial parents should respect the time of their ex with the children and noncustodial parents should never push aside this valuable time when their children are with them.
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5. Be accommodating. Even if a consistent schedule is best to be set, leave space for flexibility as well. Be open to negotiating slight schedule changes with your ex from time to time. Your children should be able to see how their parents can manage changes gracefully. 6. Be present in your childrens lives. Aside from simply attending their school activities and sports games, also make sure that you have some time for recreation together. You dont have to be together with your ex all the time in these activities, but it makes a big difference for your children to see both their parents present in supporting their endeavors. This will help them avoid feeling shameful of being a child of divorce. 7. Do not use attorneys for everything. Be responsible and mature adults and negotiate most things between you and your ex-spouse. Use attorneys only when absolutely necessary. 8. Be honest. 9. Discuss your childrens development periodically. This is very important, so that you can still raise your children with a unified sense of values and principles. 10. Be patient and open. These tips are often difficult to follow, but they will always be worth your effort and your children will benefit from it the most.

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Advantages of Divorce Mediation

As traditional divorce proceedings have become too expensive, too complicated, too adversarial and too slow, couples are looking at mediation as an alternative to traditional litigation.

So what is divorce mediation and how does it work?

Divorce mediation is based on a non-adversarial, no-fault divorce. A non-adversarial, no fault divorce requires the willing participation of both parties. It is an alternative process to handling things in court. Sometimes called alternative dispute resolution, it is a procedure where divorcing couples negotiate with each other to arrive at an agreement settlement with the assistance of an independent, neutral party or mediator.

This process is advantageous than traditional litigation as it allows the divorcing couples to take control of planning their own lives and making decisions about their future. Instead of two lawyers sending demanding letters to each other, or having the decisions made by a judge who hardly knows the parties involved, the couple are given more autonomy in working out their various issues and negotiating a fair agreement.
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This scenario is especially beneficial for parents, who though separating, still have a continuing relationship for as long as both are providing parental care.

There is a mediator, who is specially trained to help couples draw out and resolve the issues in their divorce, like visitation rights, child support, custody and alimony and property division. Since he is neutral and independent, he works for the benefit of the whole family. He facilitates the communication between parties by making sure each party is heard, and asking questions to clarify issues and will not allow one party to dominate the other in mediation.

A mediator should have impeccable knowledge of the system of laws and how the present case may be deemed by the present judges and lawyers.

The mediator will gather all relevant financial information, or if necessary, the opinions of experts such as appraisers or accountants and using his knowledge and negotiating skills, try to draw the two sides together into a sensible, fair and practical agreement that will be acceptable to both parties and to the Courts.

It is also advantageous that everything that is said in mediation is confidential and cannot be used in court as evidence.

When an agreement has been reached on all sides, the mediator drafts the agreement for review by each of the parties and their lawyers, if any. However, if the parties cannot agree, the mediator has no power to make either party cooperate or agree.

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Resolution can be quick compared to litigation. Generally, the mediator will see both parties together over a number of sessions. Based on complexity of the issues and ability of the individuals to reach a fair agreement, the average case usually takes at least three to four two-hour mediation sessions, spread out over at least a month or two. More complex cases can take four to six months to complete.

A major advantage is the cost. Mediation can cost relatively cheaper than litigation which can reach $15,000-$25,000 or even higher. In a typical case with an average of three to five mediation sessions, parties can expect to pay a combined total of between $3,000 and $4,000. The longer the couple agrees, the more expensive it will be.

The fees already include their mediation sessions, preparation of the Marital Settlement Agreement, and preparation of the Petition, disclosure documents and the judgment and court filing fees. However fees for consultation and review if an attorney is hired are an additional cost.

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Be Prepared Before A Child Custody Case Hearing

Have you ever been in a child custody hearing? If you have, I am sure you can feel the intense tension between the two parties. Of course, this is a very sensitive topic, as it involves children.

If you are one of the contradicting parties, you must be feeling uncomfortable about how the proceedings would go. Of course as a parent of the child, the terms of custody would be very important to the future of your child. You might want to just grab your child and take care of him or her, but that is not possible at this time.

Indeed there is still no guarantee that you can get a better custody condition than the other party. Some might want to just leave it all to their lawyers. However it would help you be relieved with the uneasiness if you will prepare yourself in the hearing.

Of course you need to prepare yourself for the possible questions that would be asked you in the court. It is just normal for the hearing to include some scrutiny on your state of living, as these are crucial factors for the court to decide regarding the custody of the child involved.

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Normally, the court will look at the type of home that you and your partners are currently using. Most likely, the judge would like to know who among you could give not only a house, but also a home to your child. The court would examine the status of your living situations in terms of size, characteristics, safety and proximity to essential resources.

Most likely, the court would also examine how stable would be the life of your child if he or she would be staying with you for a longer time compared to your partner. A big factor would be how the rightful custodian be able to maintain or help the child to easily adjust to changes.

Another important factor related to the stability of the childs life would be your schedule. Of course, the custodian should be responsible enough to give physical and emotional attention and support to his or her child. What the court would examine is how flexible your schedule would be if you will be the one to take care of the child.

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There are several factors that the court might consider aside from these, such as your financial stability and even presence of criminal records. However, when all of these factors would be seen as equal for both parties, the childs preference would be the determining factor for his or her custodianship.

Always remember that preparation for the child custody hearing is important for you to be able to let the court see that you are the rightful custodian of your child. By being prepared before the hearing, you could easily get rid of negative things that would affect your qualifications for this matter.

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