March 16, 2020

The Essential First Step of Marriage is Family Law

Did you know that finding the right family law attorney and consulting them before you even begin your marriage process is essential? Keep reading to discover why.

The Statistics of Marriage

We would all like to believe that marriage is forever, and it will remain that way for every single couple that decides to tie the knot. If you've gotten recently engaged, this might be the first hope for you and your spouse, and it might be true. Unfortunately, it is a known fact that nearly half of marriages, about 48 percent, dissolve before a couple hits their 20-year anniversary. Due to this fact, the practice of family law has grown, and it is becoming more and more essential to face the realities of these statistics and prepare for the worst, though it hopefully does not come to fruition in your marriage. Finding the right family law attorney and consulting them before you even begin your marriage process can prove beneficial, and perhaps lifesaving.

What is family law?

Besides providing the aforementioned divorce lawyer services, family law attorney services can include a variety of legal aspects dealing with family law. These can include child support services, child custody services, military divorce, adoption, and alimony. In addition, before you decide to get married, consulting the services of a family law attorney can help with other financial aspects, such as jointly or solely owned property and how they will fit into your new marriage, signing a prenuptial agreement, or "prenup" in order to save your assets during divorce, and handling of wills all before tying your assets with someone else.

How to Look for a Family Law Attorney

Due to the laws, rules, and regulations of family law varying widely by state, it's important to consult them in the state you live, or where you decide to move. Sometimes, state laws of where you used to live and raised a family might even apply in cases dealing with child custody. In addition, during divorce, the circumstances, however negative, do not always affect the amount of alimony or child support a spouse will receive. Thus, it's important to consult the advice of a family law attorney rather than rely on myths, such as that adultery automatically means no alimony to the party who had the affair-this is not always true! Look also, into pending legal matters, such as common law marriage, financial assets of a home or business gained while not legally married, and shared debt among a plethora of other things. Remember, it's best to consult a family law attorney to iron out any details that could prove costly later on.

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How Do Courts Handle Parental Relocation Disputes?

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Parental relocation disputes present a challenging intersection of family dynamics, legal considerations, and emotional well-being. When one parent wishes to move to a new location with their child, and the other parent opposes this move, the situation requires careful navigation by the courts. These disputes often arise after a divorce or separation, adding another layer of complexity to an already emotional situation. Family attorneys play a crucial role in guiding parents through these legal challenges and ensuring the child's best interests are upheld. The Importance of Mediation in Relocation Disputes Before a court even gets involved, it is often recommended that parents try to resolve relocation disputes out of court. Mediation and negotiation are invaluable tools that can help parents reach an agreement that is in the best interest of the child. In fact, according to Legal Jobs, 90% of custody agreements are settled without bringing the case in front of a judge. This statistic underscores the importance of alternative dispute resolution methods, which can be less time-consuming and contentious than court proceedings. Consulting experienced family attorneys can help parents navigate these discussions effectively. Court Considerations in Relocation Cases When a relocation dispute does make it to court, the decision is largely based on the best interest of the child. Courts take into consideration a variety of factors, such as the reasons for the move, the potential impact on the child’s relationship with both parents, and how the relocation might affect the child’s education and social life. Each case is unique, and judges are tasked with weighing these factors carefully to make a decision that ensures the child's emotional and physical well-being. Family attorneys can provide essential legal support to parents facing court proceedings. Preserving Parent-Child Relationships Courts also examine the feasibility of maintaining a meaningful relationship between the non-relocating parent and the child. This could involve revisiting existing custody arrangements and considering new visitation schedules that accommodate the distance. Judges are acutely aware of how important both parents are to a child's development and are therefore likely to incorporate methods that preserve these relationships, despite geographical separation. Parental relocation disputes can be complex and emotionally charged. While out-of-court settlements are preferable and commonplace, the courts exist to make decisions that prioritize the child's best interests when necessary. Understanding how these disputes are handled can provide reassurance to parents navigating the potentially turbulent waters of custody and relocation disagreements. If you are facing a parental relocation dispute, contact The Law Office of Arthur J. White III, P.C. for experienced legal guidance and support.