Use an Adoption Attorney

People who decide to adopt a child must then make many additional decisions before they can formally start the process. Do you want to adopt a child domestically or do you want an international adoption? If you adopt domestically, do you want to adopt an infant or a child in foster care? And if you decide to adopt an infant, do you want to adopt through a licensed agency, using an adoption attorney or through another type of unlicensed adoption facilitator?

An adoption agency, which must be licensed by the state, screens the suitability of prospective parents and then matches parents and children who may be a good fit. The agency will also guide you through every step of the adoption process. In this type of adoption, the agency has the most control because they'll prescreen the adoptive family and the children, and will only offer children to prospective parents when they think there's a match. An agency may also give preference to certain types of prospective parents (based on religion, marital status, etc.). When choosing an agency adoption, prospective parents may also want to use the services of an adoption attorney, since adoption is a complex legal issues, and contracts and courts will be involved.

When selecting an adoption agency or adoption attorney, you should do the same due-diligence that you'd do before hiring any other type of service provider. Some things to consider:

•Ask friends, family and others who have adopted to recommend agencies and attorneys they've used and been satisfied with.
•Confirm that the agency is licensed to operate in your state.
•Get references from past clients.
•Contact the Better Business Bureau, state Attorney General or state bar association to learn whether they've been any complaints against the agency or attorney.
•Ask for an itemized list of the total estimated costs. When will payment be due?
•Find out what services are provided by the agency or attorney.
•Ask how much experience the agency or attorney has? How many adoptions do they handle each year, and how many have they handled in total?
•Find out the average wait time to adopt a child.
•Find out whether you'll be able to meet the birth parents.

Adoption Home Study

As part of the adoption process, all prospective parents will eventually have to undertake a "home study," which is essentially a thoroughly detailed adoption application. The home study explores the prospective parents' reasons, desire and commitment for adoption; educates them about adoption; and evaluates their suitability as adoptive parents. The specific processes and procedures will vary depending on the agency, state and country from which you're adopting a child. Home study requirements vary, but may include:

•Training of prospective parents
•Interviews with a social worker
•One or more home visits by the social worker
•Health statements to confirm that prospective parents are generally healthy with a normal life expectancy
•Income statements
•Background investigations, including a review of your local, state and federal criminal record and any previous allegations of child abuse, as well as fingerprint checks against national registries. (These criminal and background checks may be done on all adults living in the home, not just the prospective adoptive or foster parents.)
•Autobiographical statement
•Personal references

It's normal for prospective parents to be nervous while undergoing the home study, and worry that they'll be denied because they aren't perfect. But prospective parents need to remember that adoption is not "one size fits all." All types of people--of different ages, ethnicities, religions and economic backgrounds--are approved for adoption. However, there are some factors--critical to the safety and welfare of adoptive children--that can make you ineligible for adoption.

In rare circumstances, prospective parents may be denied an adoption after the completion of their home study. A denial may occur because of a criminal record, substance abuse or previous reports of child abuse. There also may be for more subjective reasons for a denial, such as the prospective parents' motivations for adopting, their health or the stability of their marriage. Agencies should explain the reason for your denial, and provide a process for appealing the denial.

Foster Care Adoption

When a foster child cannot be returned to his or her birth parents, it is the responsibility of state and local agencies to find a permanent home for the child. One of the most obvious solutions is for the child to be adopted by his or her foster parents. According to the U.S. Department of Health & Human Services' Children's Bureau, in 2005 (the most recent year for which data is available) approximately 514,000 children were in foster care in the United States, and more than 115,000 of those children were waiting to be adopted. As a foster parent who is considering adoption, or a prospective parent considering the adoption of a child in foster care, here are some legal issues to be aware of.

Several key factors differentiate foster-child adoptions from traditional adoptions. First, foster-care adoptions are usually handled by state agencies, though the state may outsource responsibilities to a private agency. Also, foster-care adoptions cost significantly less than traditional adoptions, or may even be free. If the child is considered a "special needs" child, subsidies may be available. (Special needs children include those who are: minorities; have siblings who also need adopting; were exposed to drugs or alcohol before they were born; are older than 5; or have mental, physical or emotional problems.) In addition, you may qualify for a federal adoption-tax credit.

There are several ways in which prospective parents can adopt foster children. Prospective parents can:

•Adopt a child or group of siblings whose parents have already relinquished their parental rights or had those rights terminated.
•Take in a foster child whose biological parents still have rights. The foster parents agree, in advance, to adopt the child if he or she isn't reunited with the parents or placed with another biological family member. This type of adoption is called "concurrent planning" because multiple avenues of resolution are being pursued simultaneously.
•Adopt a child who was placed with you as a foster child, but whom you didn't originally intend to adopt.

Foreign Adoptions

Foreign adoptions have the potential to be tremendously confusing. You're dealing with multiple countries, several government agencies (including a foreign government and U.S. Citizen and Immigration Services) and often working with an unfamiliar language and culture. Add to this the tremendous cost and potential for heartbreak if something goes awry and it's clearly makes sense to work with an experienced international adoption agency or adoption lawyers who can guide you through the legal and emotional process of adopting a new family member.

There are two types of international--also known as intercountry--adoptions.

Prospective parents can work with through a U.S. licensed, international adoption agency. The agency will help you find a child and legally adopt a child, and work with you on immigration issues. The agency will usually also offer pre- and post-adoption services, such as your home study and post-adoption visits. Because agencies will only have certain countries in which they work, one-size does not fit all.

In a parent-initiated or direct adoption, the prospective parents work directly with a foreign agency or intermediary to complete the adoption. Because foreign adoption is a legally intricate process, prospective parents who go the direct adoption route are advised to consult with experienced adoption lawyers in the U.S. and the country in which they're adopting.

Although foreign adoptions require a lot of legal steps and potentially confusing paperwork, there are several basic U.S. requirements that must be fulfilled to complete an international adoption:

•The prospective parents must successfully complete a home study
•The child must be legally eligible for adoption
•The child must be legally adopted under the laws of the foreign country
•The prospective parents must meet adoption requirements set forth in U.S. immigration law
•The prospective parents must petition U.S. Citizenship and Immigration Services to allow the child to emigrate to the United States
•The prospective parents must meet all of the legal requirements of their home state

Supervised Visitation

A noncustodial parent has a right to visit his or her child. Visitation rights, however, are not absolute. Visitation can be suspended, denied or restricted if the court finds that visitation would be contrary to the child's best interest.

The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.

For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.

The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.

Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:

•Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.

•Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.

•Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.

•Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.

•Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation

Parental Alienation

As a divorced parent, you worry when the other parent makes derogatory remarks and tries to give your child a negative image of you. But when do mere derogatory remarks turn into a harmful psychological phenomenon that psychologists have labeled the "parental alienation syndrome"?

Parental alienation syndrome occurs when one parent's efforts to consciously or unconsciously brainwash a child combine with the child's own bad-mouthing of the other parent. In severe cases, the child will not want to see or talk to the alienated parent.

Once the alienation reaches such a point, it is difficult to reverse, and permanent damage is done to the child and to the relationship between the child and the alienated parent

What causes a parent to want to damage the relationship of their own child with the other parent, at their own child's expense? Intentions differ from one parent to the next, but psychologists have suggested the following as potential motivators:

•An alienating parent may have unresolved anger toward the other parent for perceived wrongs during the relationship, and may be unable to separate those issues from parenting issues.

•An alienating parent may have unresolved issues from their childhood, particularly in how they related to their own parents, which he or she projects onto the other parent (whether or not it is factually accurate).

•An alienating parent may have a personality disorder, such as narcissism or paranoia, which makes him or her unable to empathize with the child's feelings or see the way their behavior is harming the child. Such personality disorders may also make the alienating parent more likely to be jealous of the other parent's adjustment to the breakup, and cause the alienating parent to have extreme rage toward the other parent.

•An alienating parent may be so insecure as to his or her own parenting skills that he or she projects those concerns onto the other parent, regardless of reality.

•An alienating parent may be so wrapped up in their child's life that he or she has no separate identity, and sees the child's relationship with the other parent as a threat.

•Sometimes new spouses or grandparents push the alienating parent into inappropriate behavior for their own inappropriate reasons, and the alienating parent isn't strong enough to resist them.

Child's Preference for Visitation

Courts understand that in most cases relationships with both parents are in the best interests of the child. The best interests of the child is how the court measures his or her the well-being. A court is not required to consider the preference of the child when awarding visitation, as long as the court finds that any visitation decision is in the best interest of the child.

The weight given to the preference of the child for visitation varies with the child's age. If the child is of a certain age where a court believes that he or she is able to express a preference, a court may consider the child's preference. Simply put, courts will not allow the child to decide the terms of visitation. This is because it is the court's function to safeguard the child's best interests and to give the child the final say in awarding visitation could make the child a bargaining chip in the relationship between the parents.

There are key factors that courts use when considering the preference of the child:

•Maturity level and age of the child
•The reasons for the child's preference
•The fitness of the parent seeking visitation
•Hostility of the child towards the other parent
Changes in visitation can have the effect of working against the child's best interest because the stability of the child's upbringing may be interrupted. This must be weighed against any harm to the child by continued visitation with an unfit parent, for example.


In addition to the age of the child, courts also consider whether the preference relates to factors that are in the best interests of the child. A judge may ask about the child's life in general, including school, friends, life with the custodial parent and the child's feelings toward the other parent. Keep in mind though, the child's preference is only some evidence for the court, and the court may even disregard the child's preference.

Grandparents and Visitation Rights

At common law, courts did not allow anyone but parents of children to have visitation rights to the children. The laws have changed. Currently, most state laws allow visitation rights to grandparents and stepparents if it is in the child's best interest to maintain an established relationship. Most visitation rights are granted when the parents are divorced or when one of the parents has died. However, there are other circumstances in which such visitation rights are allowed. For example,

•In New Jersey, a grandparent seeking visitation with a grandchild living in an intact family must demonstrate that the child would be harmed by the lack of visitation and that the harm suffered was sufficiently significant that the State's intervention would be justified if it were occurring in the parent-child relationship.
•In New York, grandparents can petition for visitation over the objections of the child's parents if parental rights are safeguarded.

The circumstances under which grandparents have standing to request visitation vary from state to state. The general rule is that visitation will not be granted in an ongoing, intact marriage. For example, in Michigan a grandparent has standing to seek court-ordered visitation if a child custody dispute is pending, or if a divorce, annulment or separation action is pending, but not in a paternity proceedings. Two common circumstances that permit grandparents to request visitation are the death of a parent and the parents' divorce.

In some jurisdictions, grandparents will not be granted visitation unless one of the statutory factors is present. However, even where the statute does not strictly apply, some courts, using their parens patriae power to protect the child's interest, will order visitation.

In jurisdictions that limit the types of situations in which grandparents may seek visitation, the death or divorce of the grandparents' child typically gives grandparents standing to seek court-ordered visitation. The courts can allow visitation when it is in the child's best interests.

In adoption cases, some states allow visitation following adoption, others hold that grandparents' rights are terminated by the adoption. When the adoptive parent is a stranger, the public policy which favors giving the child a fresh start may dictate that grandparents' visitation rights be denied. On the other hand, when the child is adopted by a stepparent or relative, these public policy concerns may be diminished and visitation may be ordered.

The termination of parental rights of a divorced parent due to abuse, neglect, or abandonment may result in the termination of the grandparents' rights.

Updates After Marriage

When you get married, you are not required to change your name. You have a right to keep your name. If you decide to change your name, you can:

•Take your spouse's name
•Create a combination of your name and your spouse's name
•Create a completely new name.

After you change your name, you should update your records with people, businesses and government agencies which need to know your new name.

Common usage.

A wife can take her husband's last name by consistently using the new name after the marriage. This is called the common usage method, and no formal legal action is required. This method should only be used by a wife who wishes to adopt her husband's last name. For any other type of name change, you should get a court order. If you choose the common usage method, you should take the following actions:

•Make sure your new name is on your marriage certificate.
•Get a new driver's license and Social Security card with your new name. The Department of Motor Vehicles and the Social Security Administration will probably want to see your marriage certificate as proof of your new name.
•Update your records.

Contact your employer, bank, creditors, insurers, telephone company, and any other entity with whom you do business, and inform them of your new name. In addition, you should notify government agencies, such as your local post office and state and local taxing authorities.

You can go to court to change your name. The legal process is simple and inexpensive. You can hire a lawyer to change your name, or you can do it yourself. If you decide to do it yourself, you may want to start by calling your local city or county courthouse for instructions. In the alternative, you can learn about the process online or at a law library. Most states post instructions and legal forms on the Internet. After you obtain a court order changing your name, you should:

•Get a new driver's license and Social Security card with your new name. The court order is proof of your new name.
•Update your records. Contact the same businesses and government agencies listed above under the common usage method.

A Successful Joint Custody Agreement

As a parent in a joint custody arrangement, your relationship with your ex spouse will continue as long as your children are part of your lives. This reality check often comes as a huge shock to newly divorced couples. After all, the reason they chose to dissolve their marriages is because they didn't get along and wanted to go their separate ways. What now! The good news is, there is life after divorce, especially for a joint custodial parent. The challenge for couples however, is to redefine their relationship and learn ways of developing cooperative co-parenting plans based on their shared concerns for their children.

In redefining a relationship, former spouses need to make some important shifts in thinking and feeling. An area of difficulty for many is making the shift from being emotionally married to being emotionally divorced; moving from a relationship based on intimacy to one that is more businesslike in nature. The major problems lie in the area of personal boundaries. People make the mistake of feeling that they still have the same call on each other as they did while married. Once divorced, these issues should clearly be no concern to either ex-partner. When couples are able to make this shift in thinking and feeling, the old buttons that could easily be pushed, no longer work. The emotional divorce is then complete.

In developing an effective and cooperative co-parenting plan, the following should be considered:
1. Each parent must recognize the other parent as being competent to care for the children and to have their best interests in mind

2. Each parent must be willing to give the other parent full authority to care for the children while they are in his/her care

3. Each parent must recognize that any criticism of the other parent made in the presence of their children is an affront against them (the children) and destructive and detrimental to their well-being

4. Each parent must be willing and able to put their personal feelings aside when communicating with the other regarding the children

5. Each parent must put their children's need for love, safety and security above their own needs.

Child Protective Proceedings

If you are a parent, and are involved in child protective proceedings, you have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.

If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.

Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.

Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.

Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.

While parents have a right to appeal from the termination of parental rights, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.

Legal Separation

Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation by other names, such as "separate maintenance".

Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).

Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.

Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance".

It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.

If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.

Dividing the Marital Home

Although the marital home is usually the most valuable asset in a divorce case, divorcing couples and their lawyers can be surprisingly casual in its treatment in a property settlement or divorce judgment. Similarly, the mortgage on the marital home is often the biggest shared liability of a divorcing couple, yet little thought is given to securing settlement or judgment terms which will protect a spouse who relinqueshes possession or ownership of the home in the event that the home is not sold or refinanced as agreed or in a timely manner.

If one partner will be keeping the marital home, the judgment will ideally set forth a date by which that partner will have refinanced the home to remove the other spouse from any financial obligation, and will buy out the other spouse's equity. Similarly, it will provide for when and how the spouse who moves out of the home will transfer title.

Particularly when children are involved, a divorcing couple may seek a way to permit one spouse to stay in the marital home after the divorce even though it will not be possible to refinance the home until a later date. If possible, this should involve the parties agreeing to the value of the home, or stipulating to an appraisal, with the spouse who is going to stay in the home buying out the other spouse's interest. In this ideal scenario the spouse who stays in the home will work with the mortgage financing company or refinance the home, such that the other spouse is removed from any mortgages, liens, or other financial obligations relating to the home.

Sometimes spouses will agree that one spouse can remain in the home subject to contingencies, such as "until the minor children reach the age of eighteen", with the home to be sold and equity divided at a later date. Sometimes there are additional contingencies, such as a provision that the agreement ends if the spouse who remains in the home remarries or cohabitates with somebody. Any such agreement should make clear how the equity is to be determined and divided when the home is ultimately sold, taking into consideration any improvements that may be made subsequent to the parties' divorce. It should also make clear how the costs of house payments, taxes, repairs and maintenance of the home are to be allocated between the divorcing couple, and what remedies are available in the event that a spouse fails to meet those responsibilities.

Protect Yourself From Default or Bankruptcy After Divorce

It is not unusual after a divorce for one spouse to fail to pay off a joint credit card debt which predates the divorce. If appropriate steps weren't taken to cut off liability, sometimes a joint account will remain open with both spouses liable for the new charges, even though the new charges are made after divorce. The debt load on these cards, delinquent payments, and any default or referral to a collection agency, will appear on the credit reports of both account holders. The creditor will also be able to pursue either or both account holders for payment, including interest, penalties, and possibly legal fees. The creditor does not have to be fair - if it wants, it can direct all of its collection efforts at the innocent spouse.

Thus, a divorce judgment should include a deadline by which the joint credit card debts allocated to each spouse will be paid off in full, and provide for appropriate remedies in the event that repayment does not occur. Note that refinancing credit card debt is often as simple as applying for a new credit card and requesting a balance transfer.

There should be a "hold harmless" clause in the divorce judgment which prevents the spouse who is responsible for the debt from trying to shift any responsibility back onto the other spouse, and an "indemnification" clause which requires the spouse who is responsible for the debt to repay any losses suffered by the other spouse, including any payments made toward the debt by that spouse, or legal fees incurred in defending against a collection action or returning to court to compel compliance with the terms of the divorce judgment.

There is also language which can be included in a divorce judgment, which can help protect an ex-spouse from being left without recourse if the other spouse declares bankruptcy before paying off the credit card debts. Ask your lawyer if it is possible to include language which will make the spouse's obligations under the divorce judgment non-dischargeable, or significantly less likely to be discharged, based upon the manner in which the debt and repayment obligation are characterized in the divorce judgment, for example by characterizing the timely payment of the debt as being necessary for the support of the other spouse.

What Happens to Credit Card Debt After Divorce?

While divorcing couples frequently carry credit card debt, often little attention is paid to these debts beyond their being assigned to one spouse or the other in the divorce judgment.

Care must be taken that a spouse will not be held responsible for additional credit card debts incurred by the other, and that each spouse is protected to the maximum extent possible if the other fails to make payments and ultimately to pay off their share of any joint credit card debt. Creditors are not obligated to respect the terms of your divorce judgment.

Often the parties to a divorce will assign to each spouse the responsibility for specific credit cards and their associated debt. To help ensure that all joint debts are identified, including any credit cards which may have been taken out by one spouse without the other's knowledge, it may be beneficial to get copies of the credit reports of the divorcing couple, and to make sure that the debt from any creditor not paid off in full is assigned to one spouse or the other.

When you divorce, you should make sure that you either close any joint credit cards, or that at a minimum you have your name removed from any joint accounts which will continue to be used by your spouse. This will not end your liability for debts incurred up to that point, but should end your responsibility for any new debts incurred on those accounts by your spouse.

Similarly, if you hold any accounts in your own name for which your spouse is an authorized signer, you should revoke the authorization.

Common Law Marriages

Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws. This typically means that the couple has cohabitated for a period of time, usually a year or more, while having an agreement to be married and holding themselves out to the world as husband and wife.

Not every state permits common law marriages. For example, Michigan has elimated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The "full faith and credit" rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.

As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another. While in one state, a common law spouse might be entitled to a share of the marital estate and even to spousal support, in a state which does not recognize common law marriage that person may not be able to lay claim to jointly acquired assets titled in their partner's name and won't be eligible for alimony or "palimony".

Similarly, if cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated in the event of disability, may not even have a right to visit their partner in the hospital, and won't have any right to inherit unless expressly named in the partner's will or estate plan. You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property. In short, it pays to know the laws in your state and that if you want your relationship with your partner to be officially recognized, to take the steps necessary to give legal effect to the relationship.

In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. At present, approximately eleven states and the District of Columbia still recognize common law marriages.

Family Law

Family law issues usually arise in the context of divorce proceedings, child custody disputes, and child protective proceedings. Child protective proceedings arise when the state, acting to protect minor children, attempts to place children into foster care, or to terminate parental rights and to place the children for adoption.

When you are filing for divorce, or if a divorce has been filed against you, you will find that there are a wide range of attorneys who practice family law, and that the fees can vary enormously between law offices. The cheapest attorney is rarely the best, but in an amicable divorce you may find that all you really need is an attorney who won't stand in your way while you negotiate a settlement. You usually will not need to spend a lot on legal fees if you are in agreement on custody and property issues.

When there are disagreements, choose your attorney carefully. If possible, get references from people you know who have recently divorced. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. While the most expensive option is not necessarily the best, when faced with contested divorce or custody litigation there is some truth to the old saying, "You get what you pay for." If you try to save money by hiring the cheapest attorney you can find, you may well learn that you gave up more in property, spousal support, or rights to retirement benefits than you "saved" by hiring the wrong lawyer for your case.

Most people do not need to hire the "best" divorce attorneys, or the most expensive. However, if you have a large marital estate, if you have issues of abuse or domestic violence, if the marital estate includes a family business, stock options, or shares in a "closely held" corporation, or if there are other factors which will complicate the evaluation of your fair share of the marital estate, you should consider a specialist.

When Can I Get an Annulment?

Many people who are considering bringing an end to their marriage come to their lawyers with the idea of getting an annulment instead of a divorce. This article discusses annulment only in its legal sense, and not in any religious sense. The nature and availability of religious annulment varies with each religious authority.

Annulments are typically available under the following circumstances:

•You and your spouse are close biological relatives, and should not have qualified for marriage under the law. For example, you and your spouse are parent and child, parent and stepchild, aunt and nephew, uncle and niece, or grandparent and grandchild. The precise parameters of the relationship which will qualify a couple for annulment will vary between jurisdictions.

•One of the spouses did not have the mental capacity to enter into a marriage contract. By way of example, at the time of the ceremony a spouse may be incapacitated due to a mental disability, whether temporary or permanent in nature, or from intoxication.

•One of the spouses was below the legal age to consent to marriage.

•You or your spouse entered into the marriage as a result of threat, force or duress.

•You or your spouse were fraudulently induced into entering the marriage. Fraud may include the concealment of an important fact, such as permanent impotence or sterility, a criminal history, or infection with a sexually transmitted disease.

•Your spouse was married to another living person at the time of the marriage. (In some jurisdictions, such a marriage would be considered bigamous and void under the law, and thus it would not be necessary to also seek an annulment.)