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FAMILY LAW
Collaborative
Divorce
Collaborative family law is an
innovative, reasonable approach to handling Divorce and other family law matters. Collaborative law has its base in
three main ideas:
1) a written pledge not to fight in
court and withdrawal of the hired professionals if either party ultimately
chooses to fight in court,
2) open communication between the
parties with an honest and good faith exchange of information, and
3) negotiations that lead to a
mutually acceptable settlement, taking into account the highest priorities of
all family members.
Families who engage in the
collaborative process use specially trained lawyers, mental health
professionals, and financial specialists to maximize the positive outcomes
for every family member and resolve problems in a reasonable way.
Children and the Law
A Guardian ad Litem is an attorney
appointed by the court to represent the best interest of a minor child affected
by a legal proceeding, often a proceeding involving a family matter. Our court system operates on the
assumption that it is in a child's best interest to have a good relationship
with both parents.
A child has a right to a mother and a father, even if
they are not married. "Legal custody" refers to the legal right that
parents have to make major decisions for their child. Unless a parent is
adjudged "unfit" the court assumes that joint legal custody is in the best
interest of a child. "Physical placement" refers to the amount of time the
child spends under the immediate care of each parent.
Marital and
Cohabitation
Agreements
Agreements can be made between two
parties before or during a marriage, but not in contemplation of divorce.
Reasons to consider a marital or premarital agreement include financial
security, obligations in case of divorce, protection of children from a prior
relationship, and protection of credit history. Cohabitation Agreements can
be quite valuable for unmarried couples who have a marriage-like relationship.
They can offer legal protection through the use of contract law, similar to the
protections provided automatically
by the institute of marriage.
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