April 4, 2022

Important Facts You Should Know About Family Law

Family law is complicated and deals with diverse issues. Before selecting a family attorney for various family legal issues, it's vital to know important basic aspects of family law. This article describes three facts to consider when filing a family-related petition.

How Family Law Works

To claim divorce, spousal support, custody, and other related family orders, your family attorney should complete petition paperwork. You'll sign the petition, and your lawyer will file it in court. Later, the petition is delivered to your spouse or partner personally. Your partner is expected to respond to the claims.

Since petitions are delivered in person to partners, it's important to advise lawyers about any safety concerns. Ensure your children and yourself are safe before the petition is delivered to your partner.

Divorce

The impacts of divorce on family are long-term. Divorce comes with multiple complications, like visitation rights, child custody, and alimony payments or spousal support. In the US, family courts handle over 90% of cases involving families and children. The average divorce age is 29 years compared to 27 years in 1980. The number is expected to increase due to the increase in people's marriages beyond 40 years. Also, in 2016, the median age for first marriage was 27.4 for women and 29.5 for men, compared to 20.3 for women and 22.8 for men in 1960. Over half a million divorces were filed in courts in 2011, and 62% of the cases involved children below 18.

Interim Orders

Before the final settlement of petitions, several different things can take place. If you, your partner, and your family attorney can't agree on different aspects of the settlement, a trial will be held. You can seek advice from the court on what could happen before the trial is over. For instance, who gets custody or can continue staying in the family house. Typically, the petitioner and their spouses argue their case using written documents, financial statements, and affidavits. The lawyers prepare the documents using the information you provide. Family court judges read all documents and listen to your lawyer's oral arguments before deciding.

The effectiveness of an interim order stays until a final settlement or order is made. If there's a change in circumstances affecting the petitioner, children, or their partner, the orders and agreements can be changed.

< Older Post Newer Post >

Leave Your Comment

search Article

Preparing for Mediation: What to Expect and How to Succeed

By Analytics Import • May 29, 2025

Mediation offers an alternative to traditional litigation, providing parties with a chance for resolution without the need for a courtroom battle. Understanding what to expect during mediation and preparing adequately is crucial for anyone seeking a successful outcome. This process involves a neutral third party who assists in negotiating a mutually agreeable solution between the parties involved. Whether you are working independently or through a divorce lawyer, getting ready for mediation requires a strategic approach and a clear understanding of your own goals and those of the opposing party. Understanding the Mediation Process with a Divorce Lawyer The mediation process often begins with each party providing an opening statement, outlining their position and goals. It is essential to prepare these statements ahead of time, focusing on facts and desired outcomes rather than emotions or confrontational language. A well-prepared statement can set the tone for a productive session and open the door for constructive dialogue. A divorce lawyer can assist in crafting a statement that is clear, persuasive, and aligned with your best interests. Remember that the goal of mediation is not to "win" but to reach a mutually satisfactory agreement that addresses the concerns of both parties. Exploring Possible Solutions During Mediation Throughout the mediation, the mediator plays a pivotal role in guiding discussions, identifying potential solutions, and helping manage emotions. According to the American Bar Association (ABA), a good mediator typically has a success rate of at least 75% in pretrial disputes. This impressive statistic underscores the importance of choosing a qualified mediator who can facilitate effective negotiations. Working with a divorce lawyer during this stage ensures your rights and priorities are properly represented, helping you navigate complex issues like parenting arrangements or property division with clarity. Why Flexibility Matters in Mediation Another key element to successful mediation is flexibility. Being open to alternative solutions and remaining adaptable to new ideas can lead to more efficient problem-solving. It's vital to enter mediation with a clear understanding of your bottom line, but also a willingness to make reasonable concessions. A skilled divorce lawyer can help you define those boundaries and adjust your approach as discussions unfold. Flexibility can often mean the difference between resolution and an impasse, paving a path toward a settlement that meets the needs of all parties involved. Preparing for Mediation with Expert Legal Guidance Preparing for mediation requires a combination of strategic planning, effective communication, and an open mind. By focusing on facts, seeking a skilled mediator, and remaining adaptable, you increase your chances of a favorable outcome. Mediation presents an opportunity to resolve disputes amicably, efficiently, and often with a high success rate, benefiting all parties by avoiding the stress and expense of litigation. Ready to approach mediation with confidence? Contact the Law Office of Arthur J. White III, P.C. for experienced legal guidance that helps you prepare, communicate effectively, and achieve the best possible resolution.