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Family Law | Separation and Divorce | Avoid Court If Possible

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CHOOSE THE HIGH GROUND      Separating from your spouse can be a difficult, emotional and often very stressful event.  There are two ways to resolve the disputes that arise when couples separate.   The first, and by far the better way, is by way of a separation agreement.  Once signed, the agreement is a binding contract on both parties.  Of course, getting to an agreement means that both parties must be reasonable and cooperative with one another.   If that process fails, the only other way to address the issues is in family court.  Accordingly, in some circumstances, consider that a good mediator can help couples find that 'middle ground' that leads to an agreement when the couple, on their own, cannot.  You really want to avoid family court if possible.  There are a number of good reasons to avoid running off to court, the most important of which is that doing so tends to add fuel to the fire so to speak.  Liti...
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How to Avoid Marriage Breakdown | Watch Closely!

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I have practiced law for almost 40 years.  In that period of time, I have handled thousands of cases.  One of the things that I have learned over the years is that court orders do not fix people!   What I mean by that is this.  If you are involved in a relationship with someone and the relationship starts to break down, some people think that family court can provide an answer to the issues that arise upon separation of the parties.  Who will get custody of the children?  How can I stop him from harassing me?  Who will get the house?  Can she really stop me from seeing my kids? It is true that, at the end of the court process, a family court judge will make an order that disposes of the issues that brought you to court in the first place.  The real question then becomes...will that order be obeyed!  You might be surprised to learn that it is not uncommon for someone to disobey a court order in one way or another. A question that...
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Location: Woodstock, NB, Canada
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Knowing This Can Change Everything! (POWERFUL!)

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Location: Woodstock, NB, Canada
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Family Law | Custody of Children

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The issue of custody of children is perhaps the issue that generates more emotion on the part of parents who are separating than any other.  The law in many jurisdictions says that, unless unusual circumstances are present, both parents are equally entitled to custody of children.  There are two ways to settle or "resolve" the issues that arise when married or common-law spouses separate. Settling the issues by a written agreement is, by far, the best way of resolving the issues that emerge when couples separate.  This principle is illustrated best when the issue of custody of children is examined. Determining how custody of children is resolved should be dealt with in an agreement between the parties.  If the parents end up in family court, a complete stranger (a judge) will decide who will get custody of the child or children.  In family court, the issue of custody is usually approached by a judge on the basis of which parent was the "primary caregiver" p...
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Location: Fredericton, NB, Canada
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