Marriage is a legal union as much as it is a romantic one. Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before entering into a marriage.

Because marriage is a legal and financial arrangement, it may be wise to consult with an attorney at Barbara Irshay Zipperman about the advantages of premarital and prenuptial agreements beforehand.

Divorce is a method of terminating a marriage contract. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children. Each state addresses these issues differently, but most follow the same basic principles and use relatively uniform standards.

In some states you may need to prove fault, commonly referred to as "grounds," to obtain a divorce. However, the majority of states allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. If no-fault divorce is available in your state, either you or your spouse may obtain a divorce, even if one of you does not consent. In some states, both fault and no-fault divorce are available.

In most divorces, the primary issues to be decided are property and debt division, alimony/spousal support and, if there are children, child custody, visitation, and support. Issues regarding custody are sometimes known as other names, such as parenting time, conservatorship or physical control. When spouses agree on how to resolve these issues, or they can work cooperatively to find solutions, they can usually obtain a divorce relatively quickly. Divorcing spouses often have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony can be hotly contested issues in divorce proceedings, but the early advice of a family law attorney may have a favorable impact on the end result.

The parenting arrangements for the children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody and legal custody. "Physical custody" typically is an allocation of parenting time and responsibility regarding the day-to-day care and activities of the children, including where they will live, who will take them to school, etc. "Legal custody" is essentially decision-making authority; it involves the right to have input into important decisions regarding the child's upbringing. These can include issues about the child's education, religion and medical care, among others.
Sometimes the parents can agree to a custody and visitation (also called "parenting time") schedule; if they cannot, then the court will determine one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights. Today, such gender-biased preferences are much less common, as courts, and society as a whole, now realize that in most cases it is in the best interests of the children spend significant time with both parents.

In general, the courts favor having the children reside where they will most likely flourish, giving children time with both parents as appropriate, and establishing joint, ongoing, child-rearing responsibilities for both parents. The advice and assistance of a family law attorney can help parents establish child custody and visitation agreements that focus on the best interests of their children.

Parents have a legal duty to financially support their children. That obligation usually lasts until the child reaches the age of majority (usually 18 or until graduation from high school) or becomes self-supporting/emancipated. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. In most states, an unmarried parent may also file a petition for child support in family court, and an order for support can be entered once parentage has been established.

A parent who fails to remain current on his or her child support obligations faces significant penalties. Not only does interest accrue on child support arrearages after a certain time, but also non-paying parents could find themselves in contempt of court. In addition, every state has a child support enforcement office that works with the family court to suspend professional or business licenses, take away driver and recreational licenses, require payment of future owed sums in advance or even place non-paying parents in jail when child support obligations are significantly overdue. Hiring a private family law attorney to help collect child support will typically speed up the process. Because of the state-specific requirements involved in child support, parents can benefit from the advice and involvement of a family lawyer at Barbara Irshay Zipperman in Encino, CA, when child support issues arise.