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Family Law Newsletter- Understanding Mediation

Mediation, which can be described as "assisted negotiation," is the fastest growing Alternative Dispute Resolution (ADR) method. Courts in many jurisdictions now require that disputes be mediated before they will be heard in court.

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Family Law Newsletter- Types of Adoption and Adoptive Parents

An adoptee (adopted individual) may be an adult or child. Each jurisdiction has state laws that describe requirements that must be met in order for an individual to be eligible for adoption. Statutes may differ from state to state, but usually contain general basic conditions. One common requirement is consent from the parents (giving up parental rights), legal guardian or child (over the age of 12 in most states).

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Family Law Newsletter- Same-Sex Marriage

The majority of jurisdictions do not recognize a marriage between persons of the same gender. Many state statutes refer to marriage as a union between a male and a female. Some statutes do not specifically address same-sex unions, however courts have interpreted such statutes as not authorizing a legal marriage between two persons of the same gender.

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Family Law Newsletter - Pet Custody

When couples face divorce or legal separation, they must divide many assets, finances, property and belongings. Among these assets are the family pets. People commonly hear of disputes over child custody or visitation, but for some couples, custody of pets may be just as emotionally consuming. Pets are often treated like children by the individuals and the couples will not consider ownership of the family pet as part of a property settlement agreement. Disputes arise over custody and visitation and courts have been lenient in their control over such disagreements.

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Family law Newsletter - Marital Name Changes

At common law, husbands or wives may change their surname to that of their spouse without a legal proceeding. Presently, most states also have statutes that contain requirements for a legally recognized name change.

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Family Law Newsletter - Community and Non-Community Property

When spouses purchase property, ownership rights may be an issue. Property may be considered community or non-community property. It depends on the jurisdiction the married couple resides in. If the couple lives in a community property state, the state laws will consider each spouse owners of the property acquired during the marriage.

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Family Law Newsletter- Child Custody

When a couple divorces or separates, custody of the child (or children) must be determined. The couple may make a custody agreement themselves, either by mutual consent or through mediation. If the couple cannot agree to custody, the court must make the choice for them.

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