ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
If you are considering filing for divorce and you have children, it is important to understand the basic concepts which underlie the divorce process. In this preliminary article, terms used in the divorce process will be explained.
A married couple who no longer wish to remain married must first decide whether to obtain a dissolution or file for a divorce. A dissolution is an agreement between a husband and wife concerning how to end their marriage. In order to terminate a marriage through dissolution, the parties must be able to agree on who will have custody of the children, when and how visitation will occur and how the property and debts will be divided. The advantage to obtaining a dissolution is that it can be accomplished with little or no assistance from an attorney and is, therefore, less expensive. The disadvantage is that the forms are long and complicated and require a good deal of time and effort on the part of the parties. Furthermore, dissolution is often unworkable in the long run since it requires complete agreement on significant life issues, and most couples who are that agreeable do not get divorced. If you are interested in obtaining a dissolution or finding out more information, dissolution packets are available at the office of the clerk of court at the state court building, located at 303 K Street in Anchorage. A dissolution will often go more smoothly if the parties at least consult an attorney to review documents and answer questions prior to signing and filing the dissolution documents.
Where a couple has areas of disagreement, they will usually have to file for a divorce rather than obtain a dissolution. Although you may act as your own attorney in a divorce, there are no do-it-yourself forms with instructions as there are for a dissolution, so hiring an attorney is usually advisable if you want your rights fully protected. Divorce begins when one side files a complaint. During the process, the parties ascertain their areas of agreement and disagreement. Often, they are able to negotiate an agreement either through mediation or through their attorneys. If no agreement is reached, at least as to certain issues, the divorce will be heard by a judge who will decide the contested issues.
One frequent question asked by divorcing parents is the difference between physical custody and legal custody. Physical custody means where the children actually live. Legal custody, on the other hand, concerns which parent will be making the important decisions concerning the child's development, health and welfare. If one parent has sole legal custody, that parent may alone determine where the child goes to school, which doctors the child visits, and other important matters. Joint legal custody means that both parents, in theory, have an equal say in making major determinations regarding a child's best interest. Joint custody is usually awarded only if both parents can effectively communicate with one another despite their differences.
Divorcing parents' biggest worry is often who will get custody of the children. If parents cannot agree on custody and visitation, the judge must decide at trial. In certain cases, a judge can appoint either a custody investigator or a Guardian Ad Litem to assist the court in making its determinations regarding custody and visitation. The office of the custody instigator is located in the state court house building. Custody investigators are not automatically appointed. A parent usually must show the court that there is a valid reason why a custody investigator should be appointed to assist the court in making its custody determinations. Normally, a custody investigator will first meet separately with each party, and then meet with each parent and the children to observe interactions. The investigator will also perform an investigation of friends, relatives and witnesses who can provide information about each parent's abilities to meet the children's needs. Finally, the custody investigator will make a recommendation to the court regarding custody and will testify at a trial.
On the other hand, a Guardian ad Litem is a private individual employed by the parties to represent the interests of the children themselves. In other words, the Guardian ad Litem is a representative of the children, who performs a thorough investigation of the parties, and the surrounding circumstances, and then prepares a report to the court and testifies concerning the best interests of the children. Because Guardian ad Litems are paid hourly, they may often spend a considerable amount of time working on complicated cases and in preparing their reports. Custody investigators, on the other hand, being employed by the court system, often work under heavy case loads and are many times unable to perform as thorough an investigation as a Guardian ad Litem. Recently, the court in Anchorage adopted a policy to appoint the office of the custody investigator primarily when the parties are unable to afford their own Guardian ad Litem. Guardian ad Litem fees can be very expensive.
The purpose of this article is to explain some of your initial questions regarding divorce and custody. Most likely, you have more questions in mind. Many attorneys will consult with potential clients to answer questions and describe the services they offer. It is often important to consult with an attorney at the start of the process in order to make preliminary decisions regarding how to resolve problems in divorce, custody, visitation and support.
© 1997 by Steven Pradell and Mary Ellen Zalewski. This article is not intended to provide legal advice and should not be relied on for that purpose.
The lawyers at Pradell and Associates can provide legal advice regarding your legal claims, or address legal questions about personal injury, family law, wills and probate issues. Attorneys can normally see new clients soon after your call to the office, conveniently located within walking distance of the state and federal court buildings. A helpful staff provides prompt, courteous service. Give Pradell and Associates a call, at (907) 279-4529.