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Fulton County Divorce Lawyer Blog

After years of cajoling, Japan inks global custody pact

A select few Georgia fathers and mothers know what it feels like to be "left behind" parents. That term is used to describe international child custody situations in which parents from the United States are forced to return home without the children that the other parent took to another country without permission or legal authority to do so.

That has long been a common situation where Japan is concerned, with many Japanese mothers summarily taking children back to their home country and thereafter resisting all attempts of the other non-Japanese parent to maintain contact with them. Japanese courts have been routinely obliging in helping mothers block visitation efforts by the other parent, the rationale being a cultural belief that women are the best caretakers of children's needs. Japanese law allows for only one parent to have custody and, by default, that parent is almost always the mother.

The divorce process: more fluid, flexible than many people know

Many persons contemplating a Georgia divorce believe that the process for doing so is standard and monolithic, that is, divorcing parties hire attorneys and litigate all relevant aspects of their dissolution in court and in a formalized manner.

Although that is certainly true in many cases and representative of what might be termed the "customary" divorce process, the avenues for pursuing and ultimately obtaining a divorce are in fact multiple and comprised of distinct features.

Those features can allow a divorcing couple to participate much more meaningfully throughout the divorce process, exercising very real controls on the timing, pace, expense and outcome of their negotiations.

Divorce and alimony: The 21st century is not, well, the 1960s

The historical alimony paradigm in Georgia and throughout the rest of the country has often been noted and explained. Imagine -- and many younger persons and couples really can't -- a bygone time when in an overwhelming number of cases husband/dad worked all day outside the house and brought back the family check, while wife/mom stayed home tending to the chores and children, solidly ensconced in domestic duties and relying totally on her mate to keep the family financially afloat.

Few people will argue that alimony did not make sense in such a time following a divorce, given the wife's comparative disadvantage in earning a living based on years of foregone opportunity spent inside the home.

Federal lawsuit highlights irony in domestic violence statute

One tangential and unfortunate byproduct of some relationships, both ongoing and following divorce or separation, is family violence, especially acts of domestic abuse that are committed by one partner against another, or against children.

In Georgia and throughout the rest of the country, much about domestic violence that was kept quiet and shrouded in secrecy inside the family home in bygone years is now, thankfully, out in the open and dealt with much more swiftly and resolutely by law enforcement agencies and the courts.

An experienced family law attorney knows how to work seamlessly with other professionals to help a victim secure shelter or get in contact with an advocacy agency that can help put a stop to violence. A proven attorney also knows how to work with the courts to promptly secure orders that protect against violence, such as a restraining order against an offender.

Divorce forgery highlights issue of religion in family law

It is a maxim in family law that every divorce is unique, and that is far from surprising, given the differences that exist in every family. In a certain instance, a couple might be able to end their marriage with relatively few or even no sticking points to negotiate and agree upon in a divorce decree. In another case, there might conceivably be very signficant matters to resolve concerning the division of assets, child custody, spousal maintenance or other issues.

Been saving for kids' college costs? Address that during divorce.

There is obviously a lot to think about for many couples during the divorce process, which can increase the odds that something important might not be sufficiently addressed or even attended to. An experienced family law attorney can of course help ensure that something like that does not occur, that is, that a divorcing party's interests are fully promoted across the entire spectrum of factors that are important in a dissolutoin.

That certainly encompasses matters pertaining to child custody and property division. In many instances, too, child support matters are of high importance.

You're divorced and now aligned parenting partners: Good for you.

A mediator and author on divorce wants divorced couples with children to note a couple points right out of the box following their marital dissolution.

First, says Tara Fass, you really do need to let go -- right now -- of any overt rancor and hostility that featured in your marriage and that existed right up to its breakup. Take a time out. Call a ceasefire.

"Hostile separations and divorces are harmful and outdated" if there is a continuing spillover effect post-dissolution, says Fass.

Second, a "new paradigm" regarding child custody -- namely, that moms and dads are much more equally involved in their kids' lives after a divorce than in bygone years where mothers customarily had physical custody of the children for most of the time -- requires a platonic and business-type parenting relationship to best promote the children's interests.

Men following divorce: for many, a process of recovery

It is often remarked that men have different issues and concerns during the divorce process than their soon-to-be former wives. Concerns of divorcing men who are also fathers often focus on child custody and visitation, as well as child support and perhaps alimony. Many men who have gone through the divorce process have stated that they felt uncomfortable and lacking in confidence when dealing with judges and the legal process, feeling at times as though they were a disadvantaged party in the divorce proceeding.

Georgia child support: duties, delinquencies, enforcement costs

A recent story from a national television outlet in Georgia delves into the subject of child support in the state, both its dimensions and the economic repercussions it has across a wide swath of concerns.

As the story notes, support truly is a big deal, both within the state and nationally, and not just for the families and children it most immediately impacts.

U.S. Supreme Court to rule in divorce matter re insurance proceeds

There can certainly be many and, to some people, non-obvious things to think about during the divorce process. Attend to this, tick off that, make a change here, check that box there. There can be matters to focus upon from property division and support issues to visitation and a host of other matters.

Some of those things might seem insignificant or even trivial at the time, but the practiced eye of an experienced divorce attorney can truly tell whether they are important or not. In addition, proven counsel will help ensure that a client sees, considers and makes a reasoned determination on every factor that is likely to be of material importance in a divorce. Noting and taking action on key divorce points eliminates ambiguity and possible conflicts post-divorce.

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