The breakup of a marriage is undeniably one of the most traumatic experiences a person is likely to face in their lifetime. It affects not only the divorcing couple but also their children, parents, and close friends. The economic and social decisions made prior to and during a divorce will impact how a person and their children will live for many years to come. Expert legal advice and guidance is crucial in ensuring that a suitable outcome is achieved. Many couples going through a divorce want "revenge" or hope to "punish" their spouse. This is always a mistake because they only end up hurting themselves and the ones they love. Moreover, it makes the divorce process longer and more costly for everyone. Our office focuses on making the divorce process as cooperative and non-confrontational as possible. Our goal is to help clients understand that there are no "winners" and "losers" and that everyone benefits when there is a mature, healthy cooperative atmosphere.
Child Custody & Visitation
A court order granting custodoy to a parent is critical to ensure that the parent's rights are preserved. Without such an order there is a risk that the other parent may unilaterally take the child and leave the state or country. A court order granting custody of the child will be of great assistance in both preventing such an occurrence, and in securing the child's safe return should the need arise.
Child custody can be defined in terms of legal or physical custody. The former gives a person the right to make important decisions about the child. The latter refers to a parent's right to have the child live with that parent having physical custody. In a divorce, where child custody is an issue, numerous scenarios are possible. One parent may have both legal and physical custody. Another option is that both parties share legal custody while only one parent retains physical custody. Still another option is that the parties may share both legal and physical custody. With regard to visitation, the parent who does not have physical custody may have reasonable rights of visitation, specified rights of visitation (i.e. every other weekend or every Saturday), or may be limited to supervised visitation.
Prenuptial Agreements
Many couples realize that a prenuptial agreement can provide needed security and comfort in the face of uncertainty. In light of the fact that approximately half of all marriages fail it is not unreasonable to lay the groundwork for a fair and amicable dissolution, should such a situation arise. Deciding the terms of a separation and divorce before entering into a marriage ensures that fairness and equity will prevail over bitterness and acrimony.
All divorces, be they uncontested or contested, essentially involve the resolution of four basic issues:
1. Division of property (homes, bank accounts, cars, jewelry, etc.)
2. Custody of children (physical, legal)
3. Spousal support (amount, duration, terms)
4. Child support
An uncontested divorce may be appropriate where a couple is able to agree on how to resolve ALL of the above issues. While no divorce can truly be called "uncontested" to the extent that disagreements are inherent in all divorces, the resolution of these disagreements need not be the subject matter for a court to decide. In other words, where the spouses can reach a decision as to the terms of the divorce, an uncontested divorce provides a faster, less costly alternative to a contested divorce.
A divorce is "contested" where a dispute involving ANY of the above issues exists and cannot be resolved by the parties themselves. Of the total number of contested divorces a great number are settled prior to trial through negotiation and the cooperative efforts of spouses, attorneys, independent experts, mediators, arbitrators, and the court.
International Divorce
Cases which cross national borders are the most complex for the practitioner. Because the laws of countries differ and the ability of a country to determine the rights of its citizens is jealously and zealously guarded, it is important to understand the law of each country involved and its application.
In some cases, treaties exist which will aid in determining the proper forum and choice of law. (see, for example, the Hague Convention). In other cases, there is little or no guidance.
