Tuesday, October 22, 2013

Marriage, Relationships and Divorce - Divorce Lawyer, M

Marriage, Relationships and Divorce Laws in Today's Society

In this day and age, we can no longer even pretend that families on TV shows such as Leave it to Beaver and The Brady Bunch represent the American norm. Many couples live together without being married; gay and lesbian couples are increasingly open about their relationships and have begun to demand the same legal rights as straight married couples. Some same-sex couples have formalized their relationships in civil unions or domestic partnerships or even by getting legally married where such unions are legal, while others have flouted the law and gotten married in civil ceremonies. According to the 2000 U .S. Census, unmarried couples heterosexual and same-sex now represent 11 million households, an increase of more than 72 percent since 1990!

Responsible Relationships

Although family law, the kind of law that deals with marriage, divorce, and parent children relationships is still largely based on a traditional definition of family, the societal changes we're experiencing are forcing our legal system at all levels to rethink its assumptions about the rights and obligations that come with certain personal relationships. For example, our legal system has to answer hard questions about what's fair when it comes to divorce, whether unmarried heterosexual couples should have the same rights and responsibilities as married couples, and what rights and responsibilities gay and lesbian couples should be given. Should they be allowed to enter into domestic partnerships or civil unions? Should they be allowed to marry just like heterosexual couples? Because of these and many other issues, family law is in great flux.

Laws That Affect Your Daily Life

As many of us know from personal experience, you can never guarantee that close personal relationships will be trouble free, or that, if there's trouble in paradise , the people involved will be able to resolve their differences with a minimum amount of angst and damage to their pocket books. If however, you understand how family law affects your legal rights and responsibilities before you get married, file for divorce, start a family, take a live in lover, and so on, you 'll have a greater appreciation for the legal implications of what you 're about to do. You'll also have a better understanding of the steps you can take to minimize the potential for legal and financial problems down the road.

Love No Longer Equals Marriage

Remember the popular old song about how love and marriage go together like a horse and carriage? That pretty picture isn't necessarily true anymore. Although couples who are in love and who want to be together are still most likely to get formally married, many opt just to live together. Others become informally married in states where common law marriages are legally recognized. (For more on common law marriages, see the sidebar "We're married because we say we are."

How you structure your relationship affects your legal and financial obligations both while you're together and (heaven forbid) after you split up. Given that marriage is a time honored tradition that the law continues to view as a relationship to be promoted and supported, the rights and responsibilities that married couples have to one another during and after marriage are very well defined. The law is much less clear when it comes to other kinds of live­ in relationships; therefore, when you're madly in love with someone and are certain that you 'll live "happily ever after," it's important that you understand the implications of getting married versus just living together. Unfortunately, many of us don't gain a true appreciation for the legal pros and cons of each option until our relationships fall apart.

Living Together

Although some changes are being made, in most states, if you live in an unmarried relationship with someone, neither of you have any automatic legal rights or responsibilities to the other while you're together or after you split up.

You and your partner can, however, voluntarily give yourselves rights and responsibilities, including many of the ones that automatically come with marriage, in a legally binding cohabitation agreement. Get a family attorney's help.


Tuesday, March 19, 2013

What is a Contested Divorce? Family Lawyer Lowell MA

What is a Contested Divorce?

A contested divorce simply means that, issues relating to division of property, custody, child support and spousal support are being contested and the parties involved are unable to agree on how this will be done. This disagreement will generally require the help of a divorce attorney and it leaves the resolution of the issue up to the judge to decide on how the marriage will be dissolved.
The disagreements may include how the property and assets will be divided as well as issues regarding child support, spousal support, alimony, visitation, the financial debt that occurred in the marriage and more.

Both parties may desire a divorce, but cannot agree on important issues like, but not limited to, property distribution, debt allocation, child support, custody, and alimony. In a contested divorce, the couple looks to the court system decide the matters related to the divorce.
If the divorce becomes hotly contested or cannot be deliberated in a constructive way then it may require the assistance of a divorce mediator. Mediation is a service that provides an opportunity for the parties who wish to get divorced to work with one another through a neutral third person, to decide the issues that need to be resolved in a divorce.

Those issues generally include custody of the children, the support for the child or children as well as the spouse and the division of the marital asset.

Mediation is an opportunity for the parties to work with one another in a confidential manner and to work at a pace that's suitable to both parties.

What is Uncontested Divorce?

Uncontested divorce is a divorce where the issues are not contested by either party. If you and your spouse have worked out an agreement between each other and there are not a lot of complex issues to deliberate on then an option is to retain an attorney to get the legal documents prepared for submission to the court. 
Usually a divorce that is uncontested means that there are no disputes between parties on the issues that need to be decided. Parties have agreed on the division of any property and assets that have been acquired. If children are involved, custody, support and a parenting plan has been worked out. This is especially desirable since the children of the marriage will benefit from the parents ability to cooperate. Finally, expenses have been sorted out amicably and all that remains is the Court’s approval of the parties’  global agreement.

If you are facing divorce in Massachusetts you should familiarize yourself with the process by seeking the advice of a qualified Massachusetts family attorney. Various laws are typically involved, which many people find overwhelming. A professional attorney can explain these laws to you in a manner you can understand. 

For Questions Regarding Contested Divorce,
Please Contact: Todd D. Beauregard for a Free Consultation Call - 978-275-1919

Visit: http://toddbeauregardlaw.com/ Email:beauregardlaw@hotmail.com



Thursday, March 14, 2013

What is Divorce Mediaton? - Divorce Laws Lowell MA

Divorce Mediation

Divorce mediation is a service that provides an opportunity for parties who wish to get divorced to work with one another through a neutral third person, as they decide the issues that need to be solved in a divorce.

Those issues generally focus on custody of the children, the support for the child or children as well as the spouse and the division of the marital assets.

This is an opportunity for the parties to work with one another in a confidential manner and to work at a pace that's suitable to both parties.

Benefits of Hiring a Mediator

Having a divorce mediator can provide a fair settlement for each party and can also reduce stress and anxiety that can occur during the divorce. Mediation preserves relationships, it does not polarize them.

It also has significant financial benefit it as it can cost less than an attorney controlled divorce. It can also provide a savings on taxes for each person.  Divorce mediation settlements can also take less time than a litigated divorce.

The mediation settlement will cover parenting arrangements for the children, child support and can eliminate court proceedings.

What to Look For When Choosing a Divorce Mediator

You should seek a mediator in Massachusetts that is a skilled attorney, licensed in the state where your divorce is being held. The mediator is a trained neutral third party who facilitates conversation leading to the negotiations between the parties. Choose a law firm that concentrates on family law, child custody, alimony, support, contempt and modifications. The mediator will explore any and all options for the agreement and will focus on the issues between the couple to help resolve the divorce in an amicable and timely manner. This is a great way for parties to make the final decisions themselves rather than have the court system decide.

Hiring a mediator is a great way to familiarize yourself with the divorce process. Finding a qualified mediator in Massachusetts that is experienced in family law is advisable. Various laws are typically involved in the divorce process, a mediator will help you understand these laws as they apply to your unique circumstances to help you both come to an agreement that will endure. This process typically dissolves the marriage with less stress and anxiety, in less time and at less cost.

For Questions Regarding Divorce Mediation. 
Please Contact: Todd D. Beauregard for a Free Consultation Call - 978-275-1919

Visit: http://toddbeauregardlaw.com/ Email:beauregardlaw@hotmail.com