In general, family law includes legal issues that affect families, including married couples and parents and children. Since each state has its own family laws, it is important that you find a lawyer with experience in your state if you need legal advice in this area.
In this post we will guide you through common family law issues and give you instructions on how to get affordable access to family law attorneys in your area.
Family law and couples
If one or both members of a couple have substantial assets, they can decide to enter into a marriage agreement before marriage. This is a legal contract that explicitly states how the couple would divide their assets, income, and debts if they divorced.
Members of a couple can also turn to a family law attorney if they choose a legal separation. This is not the same act as divorce or an end to a domestic partnership, since couples who are legally separated cannot marry again unless they ultimately divorce. If a legal separation takes place, the court will make a formal judgment on a couple’s property, money and debts, as well as on all relevant parenting issues.
This judgment would be binding as long as the couple lived in a state of legal separation. A couple can choose to remain legally separated, or they can choose to reconcile or divorce later. Problems that arise during the legal separation process can include spouse support. If children are involved, problems such as custody and visiting rights as well as child support payments can arise.
Divorce cases also fall under family law. In this situation, the marriage is formally dissolved and any person can remarry after the divorce. In order to initiate divorce proceedings, one or both members of a couple must apply for divorce in the state in which they live.
In most states, people can apply for a divorce through no fault of their own. This means that he or she does not have to prove that his or her spouse did something wrong. However, depending on state law, the couple may have to live separately for a period of time before a divorce that is not their fault is possible.
In other states, the law requires the filing spouse to provide a reason for pursuing a divorce (in other words, he or she must name a “mistake”). Reasons could be adultery or cruelty as just two examples.
Ideally, the couple can agree on who can keep any asset and who will pay every debt. If this is not the case, the distribution of the assets largely depends on whether the state is a state-owned state or a fairly distributed state. In the former case, community property is usually divided equally, while each spouse can keep the property that belongs to him. In the latter case, the assets are divided “fairly”, which is not necessarily the same. A spouse’s earnings potential can be taken into account, for example.
This list is not intended to be exhaustive. Instead, you’ll find a list of the most common family law issues that can arise between couples.
Family law and parent-child relationship
For example, adoption falls under the patronage of family law. You can adopt a child through an agency, which is a state-regulated process, or you can adopt a child independently / privately without going through an agency. If you are a step child, you can also choose to legally adopt a stepchild. You could also be a foster parent and agree to adopt a foster child whose parents have lost their parental rights. The peculiarities of the adoption process can vary considerably depending on the type, and the laws also vary depending on the state.
Getting a child’s guardianship also falls under family law. When you become a legal guardian, the court has ruled that you can protect the rights of another person (your “community”) who is often a child whose parents can no longer take care of them. Or, you could become a legal guardian of an adult with disabilities, preventing him or her from acting independently. Guardianship can be more temporary than adoption. They can also occur in emergency situations.
In addition to adoption and guardianship, there are numerous issues related to children that can be caused by divorce, including custody decisions. At the heart of this type of family law is the determination of what regulation would be in the best interest of the child or the children and not the parents. Courts can decide on joint custody or assign it to a parent; Whatever is decided, the person who has custody is now responsible for taking care of the child and making important decisions for them.
Visiting rights are closely related to custody decisions. For example, if the father is given custody of a child, the mother is often given the right to visit. However, in abusive situations, a parent may only be able to supervise a supervised visit with their child. In rare cases, a parent is prevented from having a right to visit at all.
A typical visitation agreement could include where a child would primarily live, what type of visit plan the other parent would have, what geographic restrictions there could be, where the child could be admitted, what activities are allowed, and much more.
If a divorce is taking place, decisions about child support may also need to be made. Each state has guidelines on how much a parent would pay (or receive) for child support, and the formulas used can be very complex. Factors that are often considered include the salary of the person who would pay child benefit, the number of children affected, the age of the children and whether the payer will have a new family to support a new marriage.
More recently, the question of visiting rights for grandparents has come to the fore.
According to the American Bar Association, grandparents have traditionally been denied a visit if one parent objects to the visit. However, laws have been in place in all 50 states and in the District of Columbia since 1965 that allow grandparents to apply for permission to visit. This does not mean that they are awarded automatically, but grandparents now have the right to apply for this type of court order.
Some states have extended this right to include other relatives, from aunts, uncles and siblings to step-parents, great-grandparents, and others with whom the child has a close relationship (without being legally related).
Grandparents and other interested third parties usually ask for a visit to a parent’s divorce or after the death of one of them. Some states also agree to hear petitions as just another type of situation when a parent is sent to prison.
Of course, these situations can get complicated. For this reason, it is recommended to consult family lawyers to protect your interests and those of your children.
Family law process
In general, the parties involved in family law proceedings can define areas in which they agree. For example, if a divorced couple agrees to the custody and the details of the support, they can record this in writing. If the court approves the document, it becomes part of the court order. When this type of agreement is made, it is often the best possible solution.
Of course, each party often has different requirements. In this case, the court often orders mediation in which a neutral third party works with both parties to reach an agreement. Sometimes mediation enables each party to develop ideas, communicate them, and find solutions that work for everyone.
However, if no agreement can be reached, the case will likely go to court, where every person has to testify, provide evidence, etc. A family judge is appointed to hear the trial and make a decision.
Legal insurance plans
People who need legal advice in personal and family situations may be hesitant to contact a lawyer because of the costs involved. This is understandable – and fortunately, a legal benefit plan comes into play here that provides lawyers with affordable access. This easy access can help you and your family survive challenging times with well-functioning results.
If you want more details just feel free to contact us: Raza & Associates