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The Law and Divorce

June 20, 2010

Family Law and Your Divorce

Family Law and your Divorce
Before you get embroiled in the Family Law System make sure you know exactly what you are getting yourself into and what other options you have that may lead to a more harmonious and amicable divorce.

Family Law is the area of law that deals with all things to do with families, this is how Wikipedia describes Family Law;

“Family law is an area of the law that deals with family-related issues and domestic relations including:
• the nature of marriage, civil unions, and domestic partnerships;
• issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction
• the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support and alimony awards).
This list is by no means dispositive of the potential issues that come through the family court system. In many jurisdictions in the United States, the family courts see the most crowded dockets. Litigants representative of all social and economic classes are parties within the system.
For the conflict of laws elements dealing with transnational and interstate issues, see marriage (conflict), divorce (conflict) and nullity (conflict).
Family Law may also refer to the marriage contract in Islamic faith, which includes the allowance of men to marry up to four wives, under certain circumstances.”

Of course, the legal system changes from country to country and even state to state depending where you live. So it will be up to you to find out about the specific Family Laws in your area.

Most people decide to get a divorce and go straight to a lawyer. They do this expensive step before figuring out how they are going to pay for these services, whether there are other calmer ways to deal with the necessary decision making necessities.

The trouble with lawyer first step is you start the whole process off from an aggressive stand point. Getting a lawyer is an aggressive step no matter if it is a necessity or not.

A legal agreement will be needed to finish your settlement and get you moving forward but getting to that legal agreement can be achieved in many different ways.

I have known couples to sit down with pad and pencil and over a four hour coffee come up with how they will split the assets and care for the kids then take what they want t to a lawyer and have it written up.

Then there are those that start with an accountant to figure out how they can fund the divorce and two separate homes until a divorce settlement is reached. This is a really clever step if you can’t come to immediate agreements because you both will have a very clear idea on how much money there is and how much you will be wasting on a long drawn out divorce case. It also makes you both take responsibility for the amount of money your divorce will cost if you chose to battle. There are accountants who specialize in divorce.

Then there are mediators, coaches and planners. All who can help you move your divorce forward so you will not have a drawn out legal battle that will probably not do anyone any good and more than likely cause such bad feelings that you will never be able to have a good relationship which is a shame if you still have children to bring up and will come into contact with each other for the rest of your lives.

If you do need a Family Lawyer then choose carefully. There are areas in the Family Law arena that also need specializing so if it is a certain part of your divorce that you are having trouble with then find a lawyer who knows about that particular thing and has a good track record in it.

Remember you employ the lawyer so you need to make the decision and take responsibility for the outcomes.

Family Law like all law is not cut and dry. Every case is individual and will be decided on your history as a couple, what you brought into the relationship, how you both contributed, etc, etc. The variables are large and diverse so do not look at your friends or associate and think because it worked one way for them it will be the same for you.

- Nicola Baume is a divorce planner and coach helping people around the globe get through marriage breakdown so they can move on into their happily ever after with confidence. Read about Nicola’s programs at http://www.baumeandco.com.au

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