Family Law Basics
Family law concerns the rights and obligations of spouses, children, and other domestic relations. The federal, city and state laws can all affect the family unit in a significant way. It is quite unfortunate that most marriages today are ending in divorce or separation. When a couple decides to call off a marriage, one of the spouses will petition the court for a divorce. In this case, the court has the mandate to legally end the marriage, share the marital assets between the spouses, grant custody of any children to either or both the partners and impose spousal or child custody whenever applicable.
It is possible for the law, either state or federal to affect families before, during and after marriage.Here are some areas in which family law applies.
Generally, the courts will either apply the community property laws or the equitable distribution laws when dividing marital property depending on which state this court is found. States that practice community property laws, the couples will be awarded 50/50 of the property. States applying the equitable property distribution law, the court equitably divides the property between the couple which may or may not be 50/50.
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. The legal custody gives the parents the right to decide on issues to do with the child’s education, religion and health. Physical custody gives the parent the right to have their child live in the parent’s home.When a court awards a parent with sole physical care; however, it may award the non-custodial parent visitation rights to see the child or children regularly.
Mediating In Divorce Cases
The termination of a marriage is often a stressful time for the spouse, any children and their close relatives and friends. However, it is essential that the spouses don’t allow the stress or any lingering bitterness towards each other to spoil the divorce process.If the couple can bring them to negotiating in good faith; mediation may represent a more civil, inexpensive and less adversarial way to terminate the marriage.They can use the help of a neutral mediator to try to balance each spouse’s needs in helping them divide the marital assets, resolve child custody issues, and help them to settle on child and spousal support amounts.The mediator works closely with the lawyers of each spouse to make sure that the arrangement is satisfactory to both partners.
Adoption cases also require the services of a family attorney.The process of adoption is often complex and differs according to the type of adoption, where the child is from, and the variances in state laws among other factors.