If you are ready to divorce your spouse, you may be wondering whether you need to hire anyone for the job. If your case is complicated with property, children, or violence, you should look into the help that a divorce law firm can offer. You may be wondering how a divorce law firm can help you, as you might be considering saving money and doing it on your own. However, most people are greatly assisted by this type of attorney, especially in more complicated cases. Consider some of the ways that this kind of legal help can benefit your situation. Many people divorcing their spouse are not going through a simple situation. They often have property and children with the other person, and want to know the best way to walk away from the separation with the results they want.

It is a good idea to use a divorce law firm if you have a house, cars, or pets together since you will need someone on your side to help make a compromise with your spouse. While you may have to go to court to determine who gets what, meeting with an attorney can allow you to find out your options quickly so that you know whether the results you want are even possible. Of course, having children together often makes this procedure more complicated. You will need to let your divorce law firm know whether you want full custody of the kids, and also decide the level of custody you want your spouse to have. It may take months or even years to figure out the details so that the situation works well for everyone, but approaching a lawyer about this issue is the best initial step you can take. If there was violence in your marriage, you might consider getting a restraining order. A divorce law firm can help you take the steps toward that document, allowing you to feel safe as soon as possible. This is especially important if you have children who you think are in danger, as well.

A good lawyer should offer you the information you seek, and help you get started immediately on acquiring the restraining order you need. If you attempt to complete this process alone, you may find that not only do you fail to get the results you want, but you may also miss the support and encouragement that a lawyer can bring. Having a good divorce law firm on your side is often worth the money, especially if you need assistance determining the property you can take. Of course, making the best decision possible when it comes to your children, as well as getting a restraining order, is often even more important than figuring out property issues, and a good lawyer can help with it all.

What was once a forbidden practice and only ever used as a last resort is now very common. The medium length of marriage in the US these days is around 11 years, and divorce rates have been rising steadily throughout the 20th century. Some 29% of marriages will suffer some form of ‘disruption’ and in many cases lead to a divorce. However how has divorce law changed over time?

Even before the United States officially became the nation that we know it as today divorce was a hot topic in the colonies. One of the earliest instances of a divorce law was in the Colony of Massachusetts Bay, who created a judicial tribunal that dealt with divorce matters in 1629. This legislative body was allowed to grant divorces on the basis of adultery, desertion, bigamy and in many cases impotence as well. In the North, the colonies adopted their own approaches that made divorce available whereas the southern colonies did all they could to prevent the act even if they did have legislation in place.

After 1776, divorce law was less restrictive. Hearing divorce cases took the legislature away from what they deemed as more important work, so it was handed to the judiciary where it remains today. The big problem at the time, for women, at least, was that they were a legal non-entity in the sense that it was difficult for them to claim ownership of property or financial assets which worked against them in the case of a divorce. The Married Women’s Property Acts in 1848 went some way to rectifying this, however throughout the 17th, 18th and 19th centuries divorce remains relatively uncommon if we think of how much it is used today and women were at a tremendous disadvantage from the get go.

By the end of the 18th century, there were numerous ‘divorce mill’ states or places such as Indiana, Utah, and the Dakotas where you could go and get a divorce. Many towns provided accommodation, restaurants, bars and events centered on this trade. In 1887, Congress ordered the first compilation of divorce statistics at a federal level to see how big the ‘problem’ had become. The Inter-Church Conference on Marriage and Divorce was held in 1903 in an attempt to use religion to ensure that divorce was kept to a minimum. However with the onset of feminism and the general relaxation of views towards divorce from a societal and moral standpoint, the practice was gaining traction.

In the 1920’s trial marriages were established that allowed a couple to try a marriage without actually being married; not having kids or any lifelong financial commitments. In a way it was simply two people of the opposite sex living in the same quarters however for the time, it was a new concept and was one of the first ways in which the law tried to accommodate prenuptial contracts. In fact, marriage counseling was beginning to become popular as well and represented the recognition that a problem existed even if they law did not strictly prohibit it.

As the years rolled by and the nation found itself embroiled in two world wars, divorce took a back seat as far as lawmakers were concerned. However, the Family Court system that started in the 1950’s was the first time in decades that the legislature and judicial system in the US tackled the divorce issue. For years, couples had to go through the traditional court system to get a divorce or, at least, plead their case to do so. However with new laws in the place that established the Family Court, this created a way for judges to ratify agreements between couples for divorce that had been previously created. While the law used to ensure that a case had to be heard in a court of law, this now changed. With these changes, law firms specializing in divorce started appearing all over the country – San Francisco, Chicago, New York, and just about every other large city soon became involved in these family courts.

Possibly the biggest change to divorce law in the United States in its history came with no-fault divorces in the 1970’s. Up until now there still had to be a party at fault. Even in the Family Courts, there was still a need for an adulterer or such like to be identified and then for the terms of the divorce to be agreed however with the change in the law then a divorce could be granted if neither party was at fault. California led the way in 1969 however it wasn’t until the 1970’s that other states (Iowa being the second) adopted the law. In many respects, it was enacted to bring down the cost of divorce regarding hiring lawyers and expensive court fees from drawn out trials that didn’t come to fruition. Divorce lawyers and financial advisors all still profited greatly from divorce proceedings even if both parties simply wanted to split and move on. Something that this change in the law didn’t focus on was child custody, and it remained a neglected topic. Laws to address this included: •The Uniform Child Custody Jurisdiction Act in 1968 •Parent Kidnapping Act in 1980 •The Hague Convention on International Child Abduction in 1986 While the law has attempted to create a fair an equal child custody process, it still isn’t quite right in many respects and even with the legislation that has been enacted over the years there remains work to do. Modern Day America Divorce towards the end of the 20th century and into the early 21st century was a much different proposition from a hundred years ago. While there are new laws being enacted all the time to deal with the finer points of divorce the no-fault legislation essentially changed everything about the practice and made it into the divorce proceedings that we know today. That being said the attitudes towards divorce are still traditional in many quarters. Even though it has been set in law and that, in general at least, the stigma around divorce has gone it still plays a major role in affected a child’s upbringing and other societal problems. Furthermore, the equal share of property and finances is something else that the law is still trying to get right. Although this differs from state to state across the United States of America in most cases who is to blame doesn’t always transfer over to who gets the property. The legislature and the court system are still trying to find a balance in modern day America between a system that allows for divorce without needing evidence of wrong doing and one that is fair and equal while also addressing the child factor as well. It isn’t easy, but there is still a lot of work behind the scenes to address it.

Conclusion

Divorces were being carried out before the United States of America was even a nation. The colonies had their own measures and laws for dealing with such things however for centuries they were largely used in extreme cases. Indeed, up until the No Fault rule, it was unusual to see a divorce that was granted on the basis that both parties simply wanted to break up. This happens fairly regularly these days however back then there had to be a reason of some sort behind the divorce – women cheating on a man for instance or a man having several wives. The big question now is whether or not the law can develop even further and change with the rising divorce cases across the country and the more complicated financial and property ownership models. Up until now, at least, divorce law in the United States has developed at a fairly fast rate. It might not always have favored the couple given that much of the early legislation was there to deal with extreme cases that were even frowned upon by the religious orders of the day. Divorce law was very reactionary and has been throughout the past 300 years aside from a few isolated cases. It is still adapting to a growing trend however while the stigma of divorce has largely vanished in many places the law is still trying to keep up.

Mediation: A Civilized Method To Become Divorced

A Family Law mediator who mediates divorcing couples should have experience in divorce related cases and mediations, be ethical and have an ability to explain. Legal training for a divorce mediator is helpful, but specifically marital divorce experience is particularly important since the practice of divorce law requires not only skill and knowledge but the ability to understand how to assist parties. Mediation: It is one type of dispute resolution in which the participants meet with a trained neutral person, a mediator, in order to work through their issues. These meetings typically occur outside the presence of attorneys. After each session, a mediator will usually issue a written summary of what was accomplished, which can then be forwarded to the parties respective attorneys for review and input. A mediator does not take sides or represent the interests of either party but moderates the discussions between the parties, often making non-binding suggestions. The participants retain control over the process and therefore the results. The driving force behind mediation is the motivation to settle at a controlled cost in a controlled setting. Occasionally, the mediator will work in tandem with a psychologist or various other combinations of professionals in order to help the parties move effectively toward settlement. Interactive Mediation: It is a similar process but one that includes the participation of attorneys in the mediation sessions. Often attorneys will first prepare a summary of the case for the mediator, which saves time and effectively bringing the mediator up to speed on the unresolved aspects of the divorce. For example, it is entirely possible for parties to have resolved the matter of custody but not visitation; or to have resolved all matters concerning the children but not those pertaining to the division of the marital property. An interactive family law mediator may be an attorney or a retired judge. The interactive mediator may make non-binding suggestions and although the parties still retain control over the results, the mediator is an active participant as well as a moderator. Attorneys: It is typically advisable for the mediating couple to each have their own attorneys to review whatever agreement may be reached, as the agreement is a binding legal document. This is a safety valve which is well worth the expense, and that expense is typically dramatically less than what would have been incurred without mediation. The Attorney s role is to review all documents, assist in the preparation of the financial statement and all court filings. The Attorney can also be retained to bring the matter before the court for the court s final review.

Mediation vs Litigation

Litigation can become about winning. Mediation is about resolving. Litigation can become uncivilized and undignified, a far cry to the very civil beginning of love and a relationship. Divorce mediation MA is a voluntary process by which two people in a dispute meet with an impartial third party to arrive at an informed settlement of a dispute. A mediator is a neutral person who does not represent either party, but is a facilitator to assist individuals in reaching an agreement on the terms of their Divorce. He prepares a letter of understanding after every session. The letter of understanding summarizes the extent of any agreements reached after every session. From the letter of understanding, a divorce agreement can easily be drafted. Generally, with mediation, expenses typically associated with a divorce action are reduced substantially, even when considering the cost to retain the mediator. This is largely due to the fact that during mediation, it is the parties who do much of the hard work in terms of working toward an agreement, which is the most difficult part of the divorce process. Even if the mediation process is subsequently abandoned, typically the agreement reached, is often similar to the final agreement reached after expending untold amount of legal fees, wasting personal energy and time, as well as increasing the hostility and acrimony. Often people misunderstand the role of the mediator, and think that a mediator is an attorney who can represent both parties, and as such bring the matter to court. The role of the mediator is solely to bring people to a point of reasonable agreement, as a neutral party. Although the mediator may be an attorney, he or she is not functioning as an attorney representing the interests of separate individuals. The mediator is like a referee, and as such, does not get up to bat or play ball, so to speak. He/she stands in the middle of the two individuals and cannot take sides, unlike an attorney who advocates for one person, bringing the divorce through the courts. In Divorce, a court has jurisdiction primarily over 4 disputed issues, which are like tracks going in the same direction, but do not necessarily cross: . Custody . Child support . Division of Property . Alimony In divorce mediation MA, the issues to resolve can include some or all of the four areas over which the Court has jurisdiction. When the couple sits down with the mediator, they need to resolve all related problems as well. For example, if the problem area is visitation, they need to deal with that even if custody is not in dispute. The role of the lawyers in a traditional situation is to provide a voice of reason in an unreasonable situation. In mediation, the parties have the opportunity to find where they need to be reasonable in order to resolve their differences, thereby meeting their own needs. The reason the people are in mediation in the first place is that they are committed to end the dispute together, ostensibly reasonably.

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