Divorce as an Area of Legal Practice and What It Pertains
When it comes to divorce legal proceedings, many factors come into play depending on the type of divorce at hand. Some divorces are contested, others are not. Some divorce proceedings, on the other hand, have a question of child custody or even child support involved. Before the legal part of the divorce commences, the involved parties are required to come out clear to have their case classified accordingly. Below are the scenarios that are involved in divorce litigations:
(i) Same-Sex Divorces
With the legalization of gay marriages and the subsequent enactment of the Marriage Equality Act, cases of same-sex divorces have become more regular. Today, family and divorce lawyers have seen their area of practice expand to accommodate the new changes. They handle out of court settlements that arise from same-sex prenuptial agreements and in more serious cases, lead to litigations in courts of law.
(ii) Cases Involving Children
Marriages that leads to children are relatively harder to split. With children involved, a few complications kick in. They include:
a) Child custody arrangements
b) Relocation of minor children
c) Child support.
In the three cases, divorce lawyers come in to advocate for the rights of children while at the same time ensuring that both parents get their rights as well. Amicable arrangements are made to ensure that the custody of the child is in line with parental laws. If the child is a minor, the custodial parent stays with the child while the noncustodial parent is given the child visitation rights. Financial stability of the child, on the other hand, is of paramount importance. Attorneys must ensure that child support payment is made in a fair manner to all parties.
(iii) Contested and Uncontested Divorces
Contested divorces are those where the couple is not able to agree on property division while the uncontested divorce is the one in which the couple amicably agree on all issues. In both cases, a divorce attorney has a role to play in ensuring that the process is fair and that no double-crossing occurs.
(iv) Modifications To Divorce Agreements
Even after a divorce case is finalized, a divorce lawyer is needed to litigate on matters of agreement modifications. This is particularly common where child support is involved and where a parent feels that payments, as ordered by the divorce court, ought to be scaled either upwards or downwards. When a person’s source of income shrinks, his or her attorney convinces the relevant authorities to reduce the amount payable and vice versa.
The Laws That Guides Divorce as an Area of Legal Practice
Divorce law falls under a more extensive legal area of practice- the Family Law. Statutes, codes, and legislative laws guide the practice of family laws. Under the law, divorce is defined as a dissolution of marriage and gives the parties involved the right to remarry afterward. Other laws include The Defense of Marriage Act and Uniting American Families Act.