As time goes on, it seems that change is the only constant, and every aspect of life is undergoing a more modern transformation. The rapid speed at which these changes are happening has rendered several segments of the society unable to cope. Therefore, such segments have become incompatible in many regards to these changes. This is particularly true for some aspects of family law.
The Changes to the Family in Modern Times
The scale of changes has meant that divorce laws have started to be questioned by recent developments. A few of these notable changes can be:
- A generation or so ago, women having full time jobs was not as common as it is today. Now they are working outside of their houses, with many households having not one but two incomes.
- A few years ago, there were only a few states in the US, one of which was California, which had legalized same sex marriages. Yet, now with the recent decision of the Supreme Court making it legal throughout the US, the family laws such as those of divorce seem incompatible.
Incompatibility of the Law
These changes mean that the scope of the modern family has changed drastically. The California divorce and family laws for example are not meant to handle the complex issues that are arising as a result of these changes.
How do you determine the custody of the child between two same sex parents only one of whom is biologically related to the child? While the child may view both of them as parents, legally only one of them is the real parent owing to biological relations.
In addition, in homes where there are two sources of income one from each spouse, property division can be a serious issue, because neither party would want to settle for a smaller share or a share they don’t feel is proportionate to their contributions.
Mediating the Solution
Instead of using the courts to solve disputes, if we turn to Orange County divorce mediation, the needs of the modern family can be catered to, with decisions made based around common sense, mutual wisdom, and the needs of the family.
If both of the spouses can talk it out and make sure they understand each other’s point of views, Orange County divorce mediation gives them the chance to make a legally binding decision as they see fit, irrespective of its compatibility with the law. This, however, will only be applicable as long as both the spouses are mutually agreeing on the provisions of the agreement.
Gerald A. Maggio is a trained divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.