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Are You Considering a Divorce?

A family law attorney typically handles divorce, paternity, adoption, custody, child support and spousal support. These are extraordinarily sensitive legal topics that will likely need the help of a focused lawyer with experience in this field. By far and away, the end of marriage is the most common type of case handled in a family law practice.

Author: Leonard Simmons
Date: Sep 21, 2011 - 1:24:32 PM

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A family law attorney typically handles divorce, paternity, adoption, custody, child support and spousal support. These are extraordinarily sensitive legal topics that will likely need the help of a focused lawyer with experience in this field. By far and away, the end of marriage is the most common type of case handled in a family law practice.

Divorce has significantly contributed to today’s changing family landscape throughout the past several decades. Many of the legal challenges faced in family law are a result of divorce. Some academic studies are researching the validity of the commonly held belief that rates of divorce in the United States continues to remain somewhere near 50-percent. This estimate has been called into question, in part, because of the fact that rates of divorce are not calculated in some states. In short, some researchers think the data on divorce is too complicated to assume that half of all marriages end in a legal separation. Some researchers believe the 50-percent figure is used for political purposes.

However, legal separation is a much more prevalent phenomenon today than in previous generations. All states, including Ohio, offer no fault divorces. The reasons most commonly offered for no fault divorces usually include an irreparable breakdown of the marriage or irreconcilable differences. In other words, both sides have decided to keep matters private and accept that the union was harmful on a personal level. A couple may even decide that a separation would be beneficial for any involved children.

Fault divorces are much less common nowadays. The reasons behind a fault divorce may include adultery, prison confinement, abandonment, emotional or physical abuse or an inability to have sexual intercourse. Many states no longer recognize fault divorces and will simply accept that the union was unsuccessful. For those states recognizing fault divorces, however, the party that is not at fault will likely be granted a larger portion of the marital property or support. If both parties are proven to be at fault, the court will decide which party is most at fault. This doctrine is called comparative rectitude.

Whether or not a divorce is included in family law, it is best to endure these matters amicably. This is because divorce is often the beginning of legal affairs when children, custody and support are involved. Courts will likely take all relevant factors into consideration when determining the future course of both parties. A family law practice can help guide clients through difficult times.

Want to learn more about a family law practice?

Get more information:  http://www.patrickmulligan.com/default.aspx

View all articles by Leonard Simmons

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