Divorce Questions - Effects Of Divorce
Children commonly believe their parents are stable. Following a break up, a child's surprise
frequently turns to resentment and distrust. Stress, anxiety and confusion are frequently concealed as children
attempt to understand changes in their lives. Teachers
may notice dramatic shifts in academic performance. School guidance counselors may notice large changes in
grades. Parents are often the last to notice the effects of divorce on children because of preoccupation with
personal issues, legal divorce questions, and financial hardship.
Resolution of Divorce Questions:
- Legal and statutory divorce questions are decreed by the court, through court order. Lawyers are obligated
to advise
clients of possible outcomes.
- Divorce questions requiring a professional opinion (expert testimony) are usually resolved by comparing
competing reports, deposition and trial testimony.
- Factual divorce questions about conduct during the marriage are resolved by a jury (or judge in a bench
trial) based on a preponderance of the evidence (civil standard).
- Daily scheduling and minor divorce questions are normally resolved by attorneys and parties by agreement.
If agreement is not reached, a hearing may be requested. Judges quickly grow intolerant of hearings over minor
issues.
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