The terms courts mainly address in divorce settlements are custody, visitation and child support. Often attorneys or parties are all too anxious to close a divorce, so they fail to address three typical issues involving children that arise after settlement: religion, schooling and visitation schedule changes as the child gets older. To avoid court, use a mediation clause in the initial settlement to address resolving disagreements regarding future child rearing. Below is a sample mediation clause...
For 22 years I've practiced in State and Federal Courts nationwide, handled thousands of cases and dealt with thousands of lawyers and clients. I've dealt with the good, the bad and the ugly of lawyers and know better than anyone else to give you these quick tips to finding your lawyer:
1. Choose a lawyer like yourself. You want a lawyer who has the same values and personality like you. If you're aggressive, then you can't hire an attorney who is nonchalant and barely moves.
Confidentiality Clauses civilize divorces and breakups. A prenuptial or post nuptial agreement must include a confidentiality clause stating neither party can discuss, reveal or publicize to third parties aspects of the marriage, personal or financial affairs and the relationship or breakup without suffering serious monetary penalties. And when it comes to money, a spouse will abide by the privacy terms in face of losing thousands, millions and multi-millions of dollars or other property, depending upon the penalty terms.
Children have the right to choose their counsel in Family Court child custody cases. Yet in the over 21 years that I have been practicing, I never once heard a Family Court judge inform the litigants of that right for their children.