Joint Custody Arrangements in Modern Family Law

Joint custody, which is otherwise known as shared custody, has increasingly become an alternative order to be made by judges deciding child custody disputes. Earlier on it was more normal for there to be an order for sole custody to be granted to the mother of the children and then visitation rights to be granted to the father. The arrangement can either be the subject of a custody agreement negotiated between the parents or it can be imposed upon the couple by the judge deciding the case in the view that it is in the best interests of the children…

Child Custody and the Primary Caretaker Preference

The concept of the primary careftaker preference became very popular in the law of a number of the states of the United States during the 1980s. It has since been the subject of a great deal of academic debate. The way that it plays out in the court rooms across the country has also led to the formation of some fathers groups who feel that this element of the family law in America is unfair on fathers.

What Can Family Law Attorneys Do for You?

Family law attorneys can guide you through divorce proceedings in order to ensure that your interests are being looked out for. Hiring a family lawyer will save you time, and surprisingly, money, as well.

Child Custody Agreements and the Effect on Judicial Decision Making in Family Law

Negotiation is the most common method of resolving child custody disputes. The majority of divorces are contested between the parties and it is never clear at the beginning of the divorce proceedings how arrangements between the parties regarding child custody are likely to be resolved. It may be the result of the financial position of each of the parties or the need to find a solution quickly before going to trial.

Child Support Applications and the Effect of Harsh Economic Conditions

In the law of child support in the United States, there has been a revolution because of the imposition of standardised guidelines which means that judges must give decisions based on these strict guidelines or give their reasons for not following these guidelines. Often it seemed to be the case that courts had an unrealistic view of the true costs involved in raising children. However these days the standardized guidelines now give fixed determinations of the amount of support which is payable.

Family Law and the Enforceability of Prenuptial Agreements

Prenuptial agreements in the United States have a long history. There is an obvious competition of interests between the desire of people involved in relationship to regulate their own affairs and the drive the institutions of the state to regulate marriage. Traditionally, the only people that needed prenuptial agreements were wealthy people who needed to protect their assets in a relationship or their estate plan.

The Development of the Modern Law of Alimony

The law of Alimony was decidedly different prior to the passing of the Married Woman’s property Acts in the 1800s in the United States of America. Before this landmark legislation was passed, a woman’s property became her husbands as soon as the marriage began. The concurrent obligation was that the husband had to support his wife.

Residency Considerations in Divorce Law

Before 1970 in the United States, there were a number of states in the United States which required that a person must live in the state for at least 2 years before filing for divorce proceedings. The thinking was that it was necessary for a person to operate as a member of the community in that state before a court could competently exercise jurisdiction over that person. It was also thought that it was beneficial to society for a person to be required to a spend some time in consideration of divorce before in fact undertaking the legal process to…

The System of Fault Based Divorce and Its Decline

Before there was the system of no-fault divorce in the United States, American divorce procedure had been and in instances where the action is for a fault divorce still is based on the adversarial system. The inherent assumption in this model is that there are two parties who are free from fault suing each other in an open court. There has never been in American law a system which allows the parties to have a private agreement in relation to divorce.

No Fault Divorce and Uncontested Divorce Benefits

Although some argue that it is an oversimplification to say that once a no-fault system of divorce is in place, there is no remaining idea of fault, there is now wide acceptance of the no fault system of divorce in the majority of states in the United States. The impact of the Uniform Marriage and Divorce Act has been profound across the country with the principle that property should be divided as a result of divorce without regard to conduct during the marriage become pervasive. However, there are some behaviours which remain conceptualised in the laws of many states that…