Carroll Marci R Attorney from Fairmont West Virginia works as Arbitration & Mediation Services Attorneys,
Custody & Support Lawyers,
Divorce Lawyers,
and Family Lawyers.
Feel free to contact us at the following contact information.
301 Adams St
Fairmont
West Virginia,
26554
[Open in Maps]
(304)367-9482
www.mrcfamilylaw.com
Last updated 2023-06-28
Specialties of Carroll Marci R Attorney:
- Arbitration & Mediation Services Attorneys
- Custody & Support Lawyers
- Divorce Lawyers
- Family Lawyers
Arbitration & Mediation Services Attorneys: Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in ordert to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.
Custody & Support Lawyers: In most states, family courts determine child custody arrangements based on what is in the best interests of the child. So how is that decided? The courts look at a number of factors in making this determination, such as the parents' desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child has to move to a new area, and, if old enough, the child's wishes. Frequently, parents or other adults who have raised a child will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you've had exchanging the child from one home to the next, and anything else that's relevant to the situation. Hopefully, you can come to a resolution everyone can live with. Otherwise, the judge may make a parenting plan that neither parent is happy with. However, it's important to note that if there was domestic violence in your relationship with the other parent, you may be able to skip mediation.
Divorce Lawyers: A divorce is the legal termination of a marriage by a court in a legal proceeding, requiring a petition or complaint for divorce (or dissolution in some states) by one party.There are two types of divorce-- fault and no-fault. A fault divorce is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. All states now have adopted some form of no-fault divorce; although some such as New York, restrict the availability of no-fault divorce and retain fault divorce generally. A no-fault divorce is one in which neither party is required to prove fault, and one party must allege and testify only that either irretrievable breakdown of the marriage or irreconcilable differences between the parties makes termination of the marriage appropriate. Many states continue to offer a separation agreement or decree, under which the right to cohabitation is terminated but the marriage is not dissolved and the marital status of the parties is unaltered.
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