There are some people who treat marriage as a sacred and binding union while there are others who see it is just a piece of paper. Fortunately, there are some cities whose divorce rate is falling instead of actually rising. In fact, according to an article by New York Post, "New York has one of the nation's lowest divorce rates." placing fourth in the country. Good news, right? Well, what about for those people who decided that they didn't want to spend the rest of their lives with each other? If you're one of those people who wants to leave the married life behind and get a clean break, then what you need is a lawyer. Divorce is a nasty business especially when children are caught in the middle.
Before delving into the business of divorce and hiring a family lawyer, you must first understand what is "family law" and the laws surrounding it. According to (http://hirealawyer.findlaw.com/choosing-the-right-lawyer/family-law.html) Family law is a practice area that focuses more on the legal issues that are related to divorce, child custody and support. Some lawyers in this practice are specialized in areas not related to divorces such as adoption, paternity, and emancipation.
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It is also important to note that rules and procedures for divorce and other family related issues may vary depending on the state laws.
Due to the different state laws, a lot of conflicts may arise due to the jurisdiction that may apply to the marriage and the divorce of the couple and the custody of the child.
PRENUPTIAL
It may not be romantic but its practical. Couples are given the option to draw up a prenuptial agreement should things go wrong in their marriage. It would be best to divide the assets and liabilities of both parties while both are still in an agreeing mood than having another thing to battle out when things in the marriage go sour.
Since a prenuptial agreement is a contract, a lawyer must be present when a couple decides to go through with it. As per (http://family.findlaw.com/marriage/what-can-and-cannot-be-included-in-prenuptial-agreements.htmlhttps://www.hg.org/article.asp?id=31290), the couple cannot include the decision on child custody or child support in the prenuptial agreement because these are issues of public policy. It is the court who usually gets to decide which parent is fit to provide for the child. However, if you have a child from a previous marriage, you can include them in the prenuptial if you want them to inherit your property.
When a marriage falls apart, the child is always a casualty. Divorce can be stressful for a child (http://emeryondivorce.com/how_divorce_affects_children.php) that could sometimes lead to psychological or behavioral problems. It is a delicate matter for a child especially if parents are not handling the stress of divorce very well. Fortunately, most children grow up to be resilient individuals, and they develop a sense of responsibility in caring for their parents.
Child custody and visitations are usually being agreed upon by the divorcing couple or by the court. (http://family.findlaw.com/child-custody/how-child-custody-decisions-are-made.html). Couples agree to the custody and visitations either with the help of family law attorneys through informal settlement negotiations or mediation. Other cases, a family court judge decides.
If the couple is unmarried, the mother is awarded the custody of the child unless the father takes legal action in obtaining custody or at least visitation rights. If the unmarried couple does not reach an agreement, then a family court judge will get to decide.
A relative of the child may be able to obtain a custody by filing a petition that states their relationship with the child and the status of the child's parents whether they are deceased, living, or unknown. The parents will be given a copy of this file if they are still alive and if their whereabouts are known.
It is a legal obligation for parents to support their child until he or she reaches the age of majority (https://www.hg.org/child-custody-and-support.html). However, the support determinations may modify to reflect the changing living conditions of either parent such as an increase in the cost of living and varying interest of the child that would require additional expenses.
Whenever you need a lawyer, whether it's for drawing up a prenuptial agreement, divorce, child custody or if you are simply curious about matters involving family law. You can visit the website, www.divorceattorneynyc.com to learn more.