The median length of the average American marriage in today’s world is about 11 years. Nearly 90% of all the resulting divorce cases reach a resolution outside of court. By its very nature, the act of divorce is a dissolution of a partnership, which often involves disagreements. There is a perception that it is necessary to have a family court lawyer on hand to mediate. While it is certainly an option to get legal advice from a family law firm, divorce lawyers are just that: an option for each case and not a necessity.
How the Divorce Process Changes When Children Are Involved.
When a divorce involves children, as about 30% of failing marriages do, the process becomes more stressful. The negotiations, whether a family court lawyer is brought in or not, are more beneficial when both parties stay calm and make decisions based upon what is in the best interests of the children. Here are some family law questions that you may have during this difficult process.
Child Custody: How Will the Time Be Split?
The time children spend with each parent varies from case to case. A general guideline is to consider what is best for the kids, and is as straightforward as possible. ‘What is best’ means the actions that will present the least amount of upset with the children’s everyday lives. Some parents want the time to be split perfectly equally, however that is not always the best decision.
School schedules combined with work hours can present a hurdle. For example, if the kids are to spend equal time with both parents throughout the week, the they would need to change houses in the middle of the school week. This can be a big disruption. Often, kids will forget an important item at one parents house, such as schoolwork, a book, or other needed item that is used daily.
The parents will need to come together, possibly with the assistance of a family court lawyer, and decide not what they want the child custody schedule to be, but what will be the best for the kids. One parent is likely the primary caregiver to the children already. It can be painful to admit, but one parent is probably more suited to the daily care of the kids than the other. It is a sign of maturity for this to be acknowledged.
Child Support: How It’s Calculated.
The payment of child support can be a touchy subject for many. The reasons why have to do with money and obligation. No good parent wants to be accused of not taking care of their child. They also make a finite amount of money. The calculation of child support can vary from state to state. What is important to remember is that when communication is open between the two parties, the chances of an understanding being reached is higher.
A family court lawyer can be helpful, but might be necessary for those couples who are having trouble reaching any sort of agreement over the dissolution of the marriage. A commitment to solid, open communication is essential for any divorce in which children are involved.
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