Once considered a contract for the wealthy, marital agreements are becoming more commonplace, with couples of all socioeconomic backgrounds retaining prenuptial or postnuptial agreements.  Family law and divorce lawyers are adept at executing marital agreements, which are akin to insurance policies. Prenuptial and postnuptial agreements define marital and individual property, offering peace of mind. The benefits of marital agreements far outweigh the emotional awkwardness of preparing the contracts. Negotiating and signing marital agreements is an exercise of due diligence. 

Protecting Financial Interests in the Event of Divorce or Death of a Spouse 

Some find prenuptial agreements to be unromantic, foreshadowing divorce. However, it is sensible to sign one as they provide assurances of financial security.  In the event of divorce or the death of a spouse, prenuptial agreements are cost and time effective. Prenups help the parties circumvent long, expensive court battles in a divorce. Prenuptial agreements give credence to the court to what was and is intended between both parties. They also provide the couple with a reality check and provide an opportunity for spouses to discuss finances before they walk down the aisle. It is prudent for engaged couples to sign one.  Prenuptial agreements safeguard individual property, offering: 

• Protection of family heirlooms
• Protection of family businesses
• Protection of trusts
• Protection of inheritance
• Protects future assets
• Protection against or for alimony
• Protection from spouse’s debts

The Benefits of a Postnuptial Agreement

Postnuptial agreements are similar to prenuptial agreements but are created during the marriage. Life can be unpredictable, and a postnuptial agreement is a legally binding contract that outlines the party’s wishes in the event of a divorce or death. If a prenuptial agreement was never drafted, it is beneficial for spouses to secure a postnuptial agreement.  

The burgeoning emergence of divorced co-parents with legal disputes about rearing transgender and gender non-conforming youths is controversial and polarizing.  When negotiations fail, child custody attorneys can help prove the "best interest of the child" standard. Post-decree modifications can award the legal decision-making authority to one parent.  Skilled family law attorneys understand the profound ethical issues involved with transgender children and teens. Transgender youths and their families are sometimes plagued with emotional trauma, and a good family law lawyer will be able to navigate the complexities of these special custody cases.  

Avenues that Family Lawyers May Use to Resolve Disagreements About Child-Related Issues

Mediation – Led by a mediator, who is a neutral third-party negotiator, mediation sometimes resolves custody conflicts.  Mediation is more cost-effective than the court process of litigation. A good mediator will also be a lawyer who can practice in your county.

Guardian Ad Litem (GAL) – An advocate for the child or teen, a GAL investigates the conflict and provides the judge with recommendations.  Although a judge usually appoints a GAL, clients can request one.  A GAL can be called as a witness and cross-examined.  GALs retain tremendous influence on the judge’s final decision.

The turmoil and trauma involved in child custody battles can be severe, but it augments the dispute when one parent is afflicted with addiction. A divorce and family law attorney who understands the complexities of custody challenges will work on behalf of the client and in the child's best interest. Usually, the court appoints a Guardian Ad Litem (GAL) and a Child Representative. Their evaluation will help facilitate the child-custody decree. A dedicated family law attorney will provide dispute resolutions to mitigate the family's emotional stress and financial burdens.

Five Addictions that Trigger Child-Custody Battles  

A spouse suffering from addiction can wreak havoc on the child’s emotions and parental relationships. Substance abuse addiction impairs judgment and decision-making and can lead to domestic violence, further endangering the child. The risky behaviors of addicted spouses can significantly impact the court’s decisions in custody battles. Such addictions include, but are not limited to substance abuse, porn addiction, gambling addiction, compulsive shopping, and sex addiction. 

Failing to follow provisions, like addiction treatment, of the child-custody decree may lead to restricted parenting time or other consequences. Contingent on recovery or relapse, the family law lawyer will be able to make modifications to the decree.