Learn More About Family Law
Family the law is concerned about the rights and duties of marriage partners, children and other domestic relations. There are numerous ways in which the state, city, and federal laws can change the family. Sadly, many marriages end in separation or divorce. The moment a couple decides to dissolve their marriage, one of the partners will petition for a divorce in the courts. The court, therefore, can legally end the marriage and divide the marital assets between the spouses, grant child custody to one or both spouses, and impose child or spousal support responsibility whenever applicable.
Before, during and after marriage, the state law may affect the family.Here are some areas in which family law applies.
Courts will in general, either use community property laws or equitable distribution laws when dividing marital property, depending on whether the court is located in a community property or equitable distribution state. In states that apply community property laws, the court will divide the property halfway between the couple. In equitable distribution states, the court divides the marital property equitably which may or may not be on the 50/50 basis.
If you wish to come up with your own property division rules; you can do so using the premarital agreement also known as the prenuptial agreement.
Child Custody and Support
Courts will prefer to give the legal and physical custody of children from a marriage to both parents. Legal custody entails making decisions about their children’s health, culture and religion. By physical custody, the child has the right to live in their parent’s home.When one parent is given the sole custody; the court may award the other partner with visitation rights to the child at regular intervals.
The termination of a marriage is often a stressful time for the spouse, any children and their close relatives and friends. However, the partners do not have to let the stress or any bitterness towards each other poison the divorce process.If the spouse can negotiate in good faith, the mediation process becomes more civil and less expensive and less adversarial way to dissolve the marriage.A a neutral mediator can try to balance the needs of each spouse and help them divide the marital property, resolve any child custody issues, and settle on child and spousal support.The mediator will work with the attorneys of each of the spouse as well to ensure that both the spouses are satisfied with this arrangement.
Adoption cases also require the services of a family attorney.The the process of child adoption can be complex and varies depending on the type of adoption, where the child comes from and variances in the state laws.