Tag: Divorce

Legal

10 Common Myths About Separation And Divorce

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10 Common Myths About Separation And Divorce

Given that a divorce is something that most people will never experience, or if they do, it will be once, it is understandable that knowledge of family law relating to separation and divorce will be extremely limited. This is why the most sensible action for anyone going through a divorce is to seek the services of an experienced family lawyer.

It is also a reason why there are so many myths in circulation concerning divorce. To be fair, it may not just be due to ignorance of divorce law, as often divorce cases are depicted on TV and in movies as having more legal wrangling than most ever are in reality. So, to clear up some of the confusion, here are 10 myths relating to divorce and separation.

Assets Are Always Divided 50/50: The division of assets within a property settlement must be fair but that does mean that everything is given a value, and each party receives half. It should be based on fairness and future needs, including the care of any children.

Divorces Are Always Settled In Court: Whilst a court will grant the final divorce via consent orders, if the couple has agreed to all financial matters and those relating to their children, then the case is not heard in a courtroom.

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Parenting

Shared Custody After Divorce – A Growing Trend

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Shared Custody

As our society evolves more and more parents are adopting a new policy when it comes to fighting for child custody after they divorce: collaboration.  The old model of the weekend dad born from generations of rising divorce rates is giving way to a more thoughtful, and healthy form of parenting.  Family lawyers are also jumping on board with these new ideas.

Even lawmakers are getting in on this trend.  In many jurisdictions, the legislatures are considering bills that would encourage shared parenting or even make it the legal presumption in divorces.

One particular law this year made joint physical custody and equal parenting time standard for temporary orders while a divorce was finalized.  One governing body passed a law mandating equal time for parents in custody plans.  Others are considering laws requiring equal parenting time as a starting point when considering parent arrangements.

As lawmakers respond to the appeal of gender equality the legal push for equal time among parents is gaining strength.  Fathers say that without equality they become alienated from their children and overburdened with disproportionate support obligations.  There is a new constituency of men emboldened by the argument that they are being shortchanged.

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