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As a divorce attorney in Los Angeles with years of experience, I’ve guided countless clients through one of the most challenging transitions in their lives. Divorce can be overwhelming—emotionally, financially, and legally—but it doesn’t have to feel like the end of your world. Instead, I see it as an opportunity to rebuild and redefine your future

Over the years, I’ve developed a set of practical strategies that can make the process easier, smoother, and less stressful. Here are my ten essential tips to help you navigate your divorce with clarity and confidence.

1. Understand Your Finances

Knowledge is power, and understanding your finances is one of the most critical steps in a divorce. Start by gathering all your financial records, including bank statements, tax returns, property deeds, retirement accounts, and debts. 

Create a detailed list of your assets and liabilities. It’s important to distinguish between marital property (shared assets) and separate property (assets owned before the marriage or inherited).

If managing finances is overwhelming, consider hiring a financial advisor or forensic accountant to help your divorce lawyer identify hidden assets or ensure a fair division of property. This preparation will not only protect you during negotiations but also provide a clearer picture of your financial future.

2. Prioritize Your Children

If children are involved, their emotional and physical well-being should always come first. Avoid discussing legal battles or financial disputes in front of them. Work with your spouse to create a co-parenting plan that outlines child support, custody schedules, holidays, school responsibilities, and emergency protocols.

Focus on consistency to provide a sense of security for your children during this transition. When disputes arise, mediation can help create a cooperative framework that minimizes stress for both you and your kids. If necessary, consult a child psychologist to help them process their emotions healthily.

3. Choose the Right Attorney

Your attorney will be your advocate, negotiator, and guide throughout the divorce process, so choosing the right one is crucial. Look for someone who specializes in family law, has experience handling cases similar to yours, and communicates with you effectively.

During consultations, assess their approach—are they collaborative or more aggressive? Make sure their style aligns with your goals. A skilled attorney will not only protect your interests but also help you avoid costly mistakes, such as accepting an unfair settlement or prolonging unnecessary conflict.

4. Focus on Communication

Open, respectful communication is vital to reducing conflict and achieving a fair resolution. Keep emotions in check during discussions with your spouse, whether in person, via email, or through attorneys. Focus on practical matters like custody arrangements, division of assets, and timelines.

If communication breaks down, use a mediator to facilitate productive conversations. Avoid using inflammatory language, as it can escalate tensions and even impact court decisions. Keep a record of all communications for reference if disputes arise later.

5. Don’t Rush the Process

Divorce can feel overwhelming, and the temptation to "get it over with" is understandable. However, rushing through the process can lead to poor decisions, such as agreeing to unfavorable terms just to avoid conflict. Take the time to evaluate your options, weigh the long-term consequences, and seek advice from professionals.

Remember, a divorce settlement isn’t just about the immediate future—it lays the foundation for years to come. Careful deliberation ensures you’re building a stable and secure post-divorce life.

6. Consider Alternative Dispute Resolution

Mediation and collaborative divorce offer alternatives to traditional litigation, which can be expensive and emotionally draining. 

  • Mediation involves a neutral third party helping both sides reach agreements on key issues like custody and property division. 
  • Collaborative divorce allows both parties and their attorneys to work together to create a settlement without going to court.

These methods not only save time and money but also foster a cooperative environment. They are especially beneficial for maintaining a functional relationship with your spouse, which is essential if children are involved.

7. Be Honest About Your Goals

Clarity and honesty about what you want are essential for a successful divorce. Make a list of your priorities, distinguishing between non-negotiable items (like child custody) and areas where you’re willing to compromise. Share these with your attorney to shape your legal strategy.

Be realistic about your expectations—divorce often involves trade-offs. For instance, keeping the family home may mean sacrificing other assets. Setting clear, achievable goals will help you focus on what truly matters and avoid unnecessary conflicts.

8. Take Care of Yourself

Divorce is as much an emotional process as it is a legal one. The stress can take a toll on your mental and physical health, so self-care is crucial. Seek therapy to process your emotions and develop coping strategies. Physical exercise can also reduce stress and improve your mood.

Engage in activities that bring you joy, whether it’s spending time with friends, pursuing a hobby, or simply taking a walk in nature. A strong support system can make all the difference during this difficult time.

9. Prepare for Post-Divorce Life

Start envisioning your future as soon as possible. Create a post-divorce budget to understand your financial needs and ensure your settlement supports them. If you’re returning to the workforce, consider retraining or education to boost your skills and employability.

Think about your living arrangements and the logistical changes ahead. Having a clear plan will make the transition smoother and help you regain a sense of control over your life.

10. Stay Off Social Media

Social media can be a double-edged sword during a divorce. Posts about your personal life, finances, or frustrations can be used against you in court. Avoid sharing details about your case or making negative comments about your spouse online.

If possible, adjust your privacy settings and limit your online activity. Remember, even deleted posts can resurface, so it’s best to stay on the side of caution.

Final Thoughts

My goal as a divorce attorney isn’t just to help clients resolve their cases—it’s to empower them to move forward with strength and stability. 

Divorce is a complex process, but with the right mindset and preparation, you can come out on the other side ready to embrace a new chapter. I hope these tips provide clarity and guidance during this difficult time.

If you have questions or need support, feel free to reach out to me at Duncan Family Law. Together, we can navigate this process and create a foundation for your brighter future.

FAQ

1. What should I expect during my initial consultation with a divorce attorney?

During your initial consultation, you will meet face-to-face with the attorney to discuss your divorce matter. It's important to come prepared with detailed information about your family's assets, debts, and overall financial situation. This will allow the attorney to provide personalized advice and help you understand the divorce process, including child custody and support scenarios.

2. What is the best divorce attorney advice for someone starting the divorce process?

The most important advice is to prepare thoroughly. Gather all necessary documents, such as financial records and medical records, and consult with an experienced divorce lawyer or family law attorney to understand your specific circumstances. This preparation ensures you’re on the same page with your attorney and financial advisors and can protect your rights throughout the legal process.

3. What role does a family law attorney play in child custody and support?

A divorce lawyer can help establish child custody and support arrangements during divorce proceedings. They ensure that both parents fulfill their financial responsibilities towards their children, covering basic needs and additional expenses like medical bills.

4. Can I use mediation instead of going to court for my divorce?

Yes, many divorces can be settled through mediation or collaborative divorce, which can save time, money, and emotional stress. A mediator acts as a neutral party to help both spouses reach an amicable agreement without litigation. With the right negotiation skills, most divorces can find a more favorable outcome, avoid litigation and save you money.

5. What documents should I prepare before meeting my divorce attorney?

Before meeting your attorney, gather documents such as tax returns, pay stubs, bank statements, and medical records. These details will help your attorney assess your financial situation and provide specific advice on asset division and support obligations.

6. How do state laws affect the divorce process?

State laws dictate various aspects of the divorce process, including grounds for divorce, division of marital property, and child custody arrangements. An experienced attorney will guide you through these laws to ensure compliance and protect your rights.

7. What should I discuss with my financial advisor during a divorce?

Discuss your current financial situation, potential impacts of asset division, and future financial planning with your advisor. This will help you make informed decisions during negotiations and prepare for post-divorce life.

8. Why is it important to stay off social media during a divorce?

Anything posted on social media can be used against you in court proceedings. It's advisable to avoid sharing personal details or venting frustrations online to prevent jeopardizing your case.

9. How can a divorce lawyer help if my spouse is hiding assets?

A lawyer can initiate the discovery process to uncover hidden assets or income discrepancies. This process ensures transparency and fairness in asset division during the divorce proceedings.

Navigating the complexities of family disputes requires innovative approaches that foster resolution while preserving relationships. This article delves into the evolving landscape of Alternative Dispute Resolution (ADR) methods within family law, offering insights into how mediation, collaborative divorce, arbitration, and more are reshaping conflict resolution dynamics.

Understanding Alternative Dispute Resolution (ADR)

ADR encompasses various cooperative techniques that diverge from the confrontational nature of traditional litigation. ADR involves methods like mediation and collaborative divorce, emphasizing open communication and compromise to achieve resolutions. These approaches stand in contrast to litigation's adversarial process, where parties present their cases in court.

ADR offers distinct advantages in family law cases, fostering amicable outcomes and maintaining crucial family relationships, particularly when children are involved. These processes tend to be quicker, more cost-effective, and less emotionally draining than litigation, while the private nature of ADR ensures confidentiality for sensitive family matters. By focusing on mutual agreement, ADR enables tailored solutions that align with the unique needs of the parties, promoting more satisfactory and enduring agreements that ultimately prioritize the well-being of all family members.

Mediation: A Collaborative Approach to Resolution

Mediation involves a neutral third party, the mediator, facilitating negotiations between conflicting parties. Serving as a mediator, a trained professional skilled in communication and conflict resolution, guides discussions in a non-adversarial environment.

Mediation offers several advantages, primarily centered on preserving relationships and minimizing conflict escalation. By promoting open dialogue and fostering cooperative problem-solving, mediation helps parties reach mutually acceptable agreements, particularly crucial in family law cases where maintaining amicable relationships is paramount, especially when children are involved.

However, it's important to acknowledge that mediation might not be suitable for every situation, particularly complex cases with significant power imbalances or instances where one party is uncooperative. In such scenarios, the mediator's lack of decision-making authority can hinder progress, potentially necessitating other ADR methods or litigation.

Collaborative Divorce: Fostering Cooperation for Lasting Solutions

Collaborative divorce presents a cooperative and forward-looking approach to marital dissolution. This process involves both parties and their respective lawyers committing to resolve disputes without resorting to litigation. Through voluntary and transparent exchange of information, collaborative divorce encourages parties to work together amicably, embracing open communication and problem-solving. Key principles such as mutual respect, shared goal-setting, and a focus on the well-being of any children involved underpin the collaborative divorce process. By promoting understanding and empathy, collaborative divorce often leads to creative, tailor-made solutions that may not be achievable through traditional litigation.

Arbitration: Private Adjudication for Family Law Matters

Arbitration involves the resolution of conflicts by a neutral third party, the arbitrator, who holds the authority to make binding decisions. Acting as both judge and jury, the arbitrator's role is central to the arbitration process, which is often less formal than traditional litigation but more structured than mediation.

Arbitration boasts various merits and drawbacks in comparison to litigation and mediation. On one hand, it offers greater privacy and flexibility, potentially faster resolutions, and the ability to choose an arbitrator with expertise in family law. On the other hand, it may lack certain legal safeguards and the potential for appeals, raising concerns about due process and accountability. Arbitration's enforceability is a noteworthy advantage, but this strength can also be a limitation when parties disagree with the outcome.

Comparing ADR Methods: When to Choose What

Selecting the most suitable ADR method in family law cases involves considering a multitude of factors that influence the path to resolution. These factors include:

  • The specific circumstances of the dispute
  • The preferences and needs of the parties involved
  • The intricacies of family dynamics

To effectively choose the appropriate ADR approach, a thorough assessment of the dispute's nature and complexity is essential. Complex matters might benefit from arbitration's structured decision-making, while less contentious disputes could be resolved amicably through mediation. Balancing the emotional and financial aspects of ADR options also plays a pivotal role in the decision-making process. Parties should evaluate the emotional toll and potential for future relationship strain when determining the best approach for their family situation.

Legal counsel's involvement is crucial in this process, as lawyers can provide invaluable insights into the pros and cons of each ADR method, helping clients make informed decisions aligned with their best interests.

Legal and Ethical Considerations in ADR for Family Law

Navigating the realm of ADR within family law involves careful attention to various legal and ethical dimensions inherent to the process. Essential to the success of ADR is the assurance of fairness, impartiality, and informed consent. This implies that all parties should engage willingly, fully comprehending the implications of the chosen method, and that the mediator or arbitrator maintains a neutral stance throughout.

Ethical concerns related to confidentiality and privacy are particularly pronounced in family law, where sensitive matters such as custody arrangements and financial disclosures are involved. Striking a balance between transparency and safeguarding privacy becomes crucial.

Additionally, the enforcement of ADR outcomes across different legal systems poses challenges due to jurisdictional disparities. These challenges highlight the importance of crafting agreements that are not only effective within a specific jurisdiction but also hold up under potential international scrutiny.

ADR's Evolving Landscape in Family Law

The landscape of ADR in family law is witnessing dynamic shifts and innovative trends. ADR usage for family disputes is on the rise, reflecting a growing preference for solutions that prioritize cooperation and customization. With advancements in technology, online platforms are playing an increasingly pivotal role in virtual ADR proceedings. This integration offers greater accessibility, convenience, and cost-effectiveness, particularly beneficial for parties separated by geographical distances. The expansion of ADR extends beyond the traditional realms of mediation and arbitration, encompassing negotiation and conciliation as well. This diversification underscores the adaptable nature of ADR, catering to a wider spectrum of family conflict complexities.

However, along with these advancements come unique challenges. Ensuring the security of sensitive information shared in virtual proceedings and addressing potential technological disparities among participants remain areas of concern.

In this evolving landscape, where Alternative Dispute Resolution (ADR) methods shape the future of family law conflict resolution, consulting with a seasoned family law attorney becomes paramount. These legal experts provide invaluable guidance, ensuring that parties navigate the complexities of ADR while safeguarding their rights and interests, ultimately leading to more informed and equitable resolutions.

Navigating the complex landscape of divorce requires careful consideration of the pros and cons associated with mediation versus traditional court proceedings. In this article, we will discuss the contrasting facets of divorce mediation and court battles, shedding light on key aspects that can influence your decision-making process. From fostering a less adversarial environment through mediation's open communication and conflict resolution to the potential challenges of enforcing mediation agreements, we'll delve into the intricacies that can shape your divorce journey. 

Pros of Divorce Mediation

Less Hostile Environment

Mediation cultivates a collaborative, less adversarial environment in contrast to courtroom battles. Its emphasis on open communication and conflict resolution promotes a constructive dialogue between divorcing parties. This approach helps to defuse hostility, enabling couples to work together towards mutually agreeable solutions rather than engaging in confrontational legal proceedings.

Cost-Effectiveness

Due to diminished legal fees and court-related expenses, mediation often proves more economical than traditional litigation. Nolo estimates that the average cost of mediation is between $3,000 and $8,000, as opposed to the average legal cost of a divorce lawyer being  $11,300. This financial advantage arises from streamlined proceedings, fewer court appearances, and minimized paperwork, all of which contribute to substantial savings for divorcing couples.

Faster Resolution

Mediation expedites divorce settlements by sidestepping the prolonged timeline of court proceedings. Mediated divorces typically conclude within 2-3 months, while court battles can stretch to a year or more. The streamlined nature of mediation is attributed to its focused and flexible structure, where couples directly engage in negotiation with the aid of a neutral mediator. This contrasts with the lengthy court process involving scheduling conflicts, waiting periods, and formalities. 

Flexibility and Control

Mediation empowers couples with greater autonomy in determining child custody, property division, and critical issues, enabling personalized solutions tailored to each couple's unique circumstances. Unlike court decisions that might not fully consider individual nuances, mediation encourages open dialogue and creative problem-solving. This approach fosters a sense of ownership over outcomes, ensuring that agreements align closely with the couple's preferences and the best interests of all parties involved.

Confidentiality

Mediation offers a confidentiality advantage by safeguarding sensitive information from the public record, a contrast to court cases. This discretion ensures that personal details, financial matters, and other private aspects remain confidential. Maintaining privacy is crucial during divorce, preserving the dignity and reputation of the individuals involved. This confidentiality fosters a safe environment for open communication and reduces the fear of personal matters becoming public knowledge. Such discretion encourages more honest discussions and negotiations, promoting a healthier resolution process that protects the emotional well-being of all parties.

Focus on Children's Well-Being

Mediation promotes collaborative efforts between parents to establish child-centered parenting plans. This approach prioritizes the needs and well-being of children, ensuring their voices are heard and their best interests are addressed. The reduced hostility in mediation mitigates the adverse impact of divorce on children, creating a more stable and supportive environment. This child-centric approach encourages parents to work together constructively, fostering healthier co-parenting dynamics that contribute to the long-term emotional and psychological well-being of their children.

Cons of Divorce Mediation

Imbalance of Power

Instances where one party holds more financial knowledge, emotional strength, or dominance might lead to an uneven negotiation dynamic. This can result in one party feeling pressured or unable to effectively communicate their concerns or desires. Such power imbalances can hinder fair decision-making, impacting the overall outcome. Involving impartial mediators, legal advisors, or mental health professionals can help level the playing field, ensuring both parties have an equitable opportunity to voice their needs and reach mutually satisfactory agreements.

Lack of Legal Guidance

Mediation's absence of legal representation can lead to the oversight of crucial legal nuances. Without professional guidance, parties might miss out on understanding their rights, obligations, and potential consequences. This is why it's crucial to involve attorneys during the mediation process. Attorneys bring legal expertise, ensuring parties are fully informed about their rights and the legal implications of decisions. Their involvement safeguards against inadvertently agreeing to unfavorable terms. Collaborating with attorneys in mediation strikes a balance between open communication and informed decision-making, helping couples achieve fair and legally sound agreements that stand the test of time.

Potential for Stalled Progress

Mediation can hit an impasse if couples fail to reach an agreement on specific issues. Despite the cooperative nature, fundamental differences might hinder progress. In some instances, mediation does not yield desired outcomes, leading couples to transition to court proceedings. This transition can prolong the process, escalate conflict, and increase costs. While mediation is effective for many, acknowledging the potential for impasse and understanding when to transition to court can help couples navigate challenges more effectively while still considering all available options.

Limited Enforcement Mechanisms

Agreements from mediation could lack the legal force of court orders, posing challenges in enforcement. Instances where mediation agreements faced compliance issues highlight the limitations of relying solely on voluntary adherence. These situations might necessitate returning to court for legal enforcement, costing time and resources. Understanding this potential downside underscores the importance of thorough agreements, legal review, and considering the inclusion of mechanisms that ensure compliance in the long run.

Emotional Strain

Mediation can exact an emotional toll due to direct negotiation with an ex-spouse. Confronting past issues and discussing sensitive matters might intensify stress and anxiety. Emotional preparedness is essential in this process. Acknowledging and managing emotions helps individuals approach discussions more constructively. Therapeutic support, self-care practices, and understanding the goals of mediation can assist in navigating emotional challenges. Being emotionally equipped enables productive communication, leading to more successful mediation outcomes and fostering an environment conducive to amicable resolutions.

Conclusion

If you find yourself facing the decision of whether to choose divorce mediation or traditional court proceedings, it's prudent to seek personalized advice. Consultation with a knowledgeable family law attorney can provide you with a comprehensive understanding of your rights, guide you through the nuances of the legal process, and help you make informed choices aligned with your best interests. Don't hesitate to reach out to a family law professional to address any specific concerns or questions you may have about your unique situation.

While the public consciousness has become far more forgiving of divorce in recent decades, the subject can still be uncomfortable or viewed as a failure. This perception of shame can actually make divorce more common as couples entering a marriage view divorce as the only option for a floundering relationship. However, there are divorce alternatives that can serve as steps between being together and being divorced.

Legal Separation

One way to remain legally married but with a bit more breathing room is through the process of legal separation. Under legal separation, the union remains intact but the couple is no longer obligated to live together. Legal separation is not recognized by every state, but it can serve as an excellent tool for couples in the states that allow it. 

Legal separation does not disqualify the spouse from receiving the marriage's financial benefits, including healthcare, retirement income, and tax status. This makes it more forgivable than other divorce alternatives. Additionally, legal separation can be a useful trial period for whether or not a full divorce is necessary. Legal separation can also be a viable option for preserving the religious integrity of couples who nonetheless no longer wish to live conjoined lives.

Collaborative Divorce

A collaborative divorce can be very helpful for couples looking to permanently separate while staying out of court. In a collaborative divorce, both spouses hire attorneys whom they meet with separately to discuss what they want out of the proceedings. After their discussion, the attorneys and spouses meet to negotiate directly.

To keep the spouse’s wishes in mind, all parties will sign a “no court” agreement that will obligate the attorneys to withdraw if the case goes to court. While a collaborative divorce will still bring the settlement before the court, it will be uncontested and should simply go through.

Mediation

Slightly different from a collaborative divorce is mediation. In mediation, a neutral, third-party mediator is appointed by the spouses to legally help settle the proceedings. Mediation is the least formal of the divorce alternatives listed here.

While each spouse has the option to involve an attorney, there is no requirement or obligation to do so. Mediation can be a cheap and informal process that allows the spouses to name the terms of their separation. While the mediator’s job is to keep things moving and reach a fair conclusion, they are not judges and have no power to enforce their suggestions. 

Mediation and collaborative divorce are great options for spouses that feel that they will be able to hash out their problems in a civil and fair way. Unfortunately, because they are based on goodwill, these processes can be brought to a complete standstill by an uncooperative, vindictive, or petty spouse who refuses to compromise. In these cases, it may be inevitable that the case ends up in court. 

If you do decide to take these measures or if your divorce has ended up before a judge, you will need an experienced Divorce & Family Law attorney. An experienced Divorce & Family Law attorney can make sure that the proceedings are short, fair, and no more painful than they have to be. The best place to find an excellent local Divorce & Family Law attorney is with Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with the best local attorney in your area. Our partners have the experience, legal expertise, and resources to support you and get the best possible outcome. In addition to their preparedness, our partners are exemplary in client care.

We understand the difficulty of ending a relationship. That’s why our partners are screened for empathy and care in addition to an excellent case record.

Don’t wait. Contact AAL today for a free, no obligation consultation and protect your familial rights.

Not all families are the same. Some children become stars at an early age. Some parents are abusive and harmful to their child’s development. When a child under the age of majority needs to be able to make their own choices for their own wellbeing, they can turn to emancipation.

Emancipation laws allow individuals beneath the age of majority, which ranges from 18-21 depending on the state or territory, to be free from the control of their parent or legal guardian. An emancipated minor can legally do a number of adult activities including:

  • Enter into legally binding contracts such as an apartment rental
  • Live apart from their parents
  • Enroll in the school of their choice
  • File a lawsuit or be sued in court
  • Apply for a work permit and keep their own income earned from a job
  • Make their own healthcare decisions, including decisions about reproductive health

In general, there are three methods of acquiring legal emancipation: marriage, military service, or court authorization.

When deciding legal emancipation, the judge has broad authority. In general, the judge will consider whether the minor is financially stable enough to support themselves, whether the minor is living apart from their parents or has an alternate living arrangement, whether the minor has graduated from high school, or whether they are sufficiently mature enough to handle their own affairs.

If you or a loved one are seeking emancipation, you will need to consult with a Divorce and Family attorney. An experienced Divorce and Family attorney can help create an ideal case for emancipation, avoiding common pitfalls with expertise and experience. The best Divorce and Family law attorneys can create an impenetrable argument for emancipation, and the best way to find a Divorce and Family attorney is with Attorney at Law.

At AAL, our nationwide network of attorneys and law firms can match you with the best attorney in your area. Our partners have more than just the experience, resources, and legal expertise to win your case, they have the compassion and sensitivity for their clients to make them outstanding in client care. 

Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to liberation.

In the classic 1997 film Liar Liar, Jim Carrey performs a dramatic defense of his fictitious client by proving that she had entered into the marriage when she was underage by lying about her age. In the film, this defense voids her prenuptial agreement and she wins her case immediately. However, in reality, this would instead likely shift the dispute to the issue of marital fraud. 

Marital fraud is defined as any action that deceives the other spouse into agreeing to something that is actively harmful to their interests. One of the simplest forms of fraud is fraud in the inducement, in which one spouse lies about some aspect of themselves in order to compel the other spouse to marry them. 

While there is no set definition for the exact nature of a lie to make it fraud in the inducement, it could reasonably include a lie about the spouse’s:

  • Age
  • Financial status
  • Orientation
  • Religion
  • Marital status

In general, these factors are seen as very important to disclose by courts since they usually impact the spouses' understanding of one another. If one spouse pretended that one of these factors was different in order to create more favorable conditions for marriage, that could be fraud in the inducement. This might include pretending they are of the same religion, older or younger than they really are, or that they are not already married to someone else.

Marital fraud can also occur when one spouse hides or downplays their assets. If one spouse has a large amount of debt, or a hidden cache of valuable assets, these are facts that the other spouse should be made aware of. 

If you have been the victim of marital fraud, you may be able to get a favorable divorce or even an annulment. In order to secure either result, however, you will need an experienced divorce & family law attorney. A divorce & family law attorney can gather the proper evidence needed to persuasively demonstrate how you were deceived and how that deception led to events that were contrary to your best interests. 

The best way to prevail with allegations of marital fraud is with an experienced divorce & family law attorney. The best divorce & family law attorney in your area can be found with Attorney at Law.

At AAL, our nationwide network of attorneys and law firms lets us match you with the best possible attorney in your area. Our partners have extensive experience with divorce, marital fraud, and other areas of family law. In addition to top-tier legal representations, we pride ourselves in partnering with firms and attorneys who offer unparalleled client care.

Our partners understand that this can be a shocking and upsetting time in your life and will do everything they can to be open, friendly, and sensitive to your needs. Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to a better relationship.

Marriage is one of the most recognizable symbols in a relationship. This process comes with benefits and responsibilities that are both culturally and legally significant. However, not everyone wants to get married or has been allowed to get married. For those who are unwilling or unable to get married, there is the option of a civil union.

While this is similar to a marriage in that it grants legal recognition to the relationship of the couple, civil unions are performed at the state level rather than the federal level.

A civil union allows many of the same privileges as marriage to a couple including:

Inheritance rights

This allows the spouse to automatically inherit all property unless the deceased spouse’s will says otherwise.

Bereavement leave

This is a legally recognized form of time off to mourn for your spouse.

Right to your spouse's employment benefits

These could include vision, dental, or health insurance which would not be granted to a partnership that was only dating.

Automatic designation as next-of-kin by medical professionals

This allows spouses to see each other in the case that one was in the hospital with restricted visitors, and allows the spouses to make vital medical decisions on behalf of one another.

Joint ownership of property, and community property rights

Just like in a marriage, a civil union includes joint ownership of possessions and entitles each spouse to community property rights unless they specify otherwise. 

Joint state tax filings

Partners in a civil union may file state taxes jointly, but cannot file federal taxes jointly since the IRS only recognizes married couples. 

Joint parental rights

Spouses in a civil union have full parental rights over any children either born to or adopted by the couple.

Right not to testify against your civil union partner

A state court cannot force one spouse to testify against another if the spouses are in a civil union.

Right to seek financial support or alimony after a dissolution from the civil union

Even though it may not be recognized as a marriage, financial support like child support or alimony are still available to spouses in a civil union if they decide to dissolve their union.

Unfortunately, there are some drawbacks to a civil union as well. Since the union is performed at the state level, if the couple were to move states, their union may no longer be recognized as valid. Additionally, civil unions are not accepted by the federal government as they are only a state level proceeding. 

Nonetheless, if you feel that a civil union is right for you and your partner, you will need an experienced family law attorney to help file the necessary paperwork and seal the deal. The best place to find the right family lawyer is Attorney at Law. At AAL, our nationwide network of attorneys and law firms can guarantee that you will be paired up with a local attorney who is familiar with your area’s laws and regulations. 

At AAL, our partner firms care about their clients’ experience and will do their best to ensure the smoothest, most dignified experience possible for each of their clients. Don’t wait: contact AAL today for a free, no-obligation consultation and begin your future.

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