Family law is a legal practice area that centers on matters involving family relationships, like adoptions, divorces, and child custody, among other things. Attorneys that practice family law may represent clients in family court proceedings or in associated negotiations and may also devise important legal documentation like court petitions or property arrangements. A number of family law attorneys even specialize in adoptions, fatherhood matters, emancipations, or other issues not typically associated to divorce.
States have the right to establish “rational formal requirements” for marriage, comprising of age and legal capacity, in addition to the regulations and procedures for divorce and other family law issues. Prior to the Supreme Court ruling legalizing same sex marriages, some states limited marriage (along with divorce) to only opposite sex couples.
As Follows Is A Primer on Family Law And What It Involves.
Helpful Terms to Know
Emancipation: A court procedure whereby a minor becomes self-sufficient, takes on adult responsibility for their own welfare, and is no longer under their parents’ care. Marital Property: Property obtained by either spouse throughout the marriage that is subject to allocation once divorce occurs. Spousal Maintenance: An allowance provided to one party by the other for support throughout or following a legal separation or divorce. Paternity: Decent or lineage from a father (to determine paternity is to verify the child’s biological father’s identity). Prenup Agreements: A legal agreement made among a man and a woman prior to getting married whereas they relinquish future rights to other parties’ property in case of a divorce or death.
Reasoning of Hiring a Family Law Attorney
A lot of family lawyers represent their clients in divorce procedures and other issues associated to divorce. But family law is a rather broad practice area, comprising of matters like foster care and reproductive rights. Because family law issues hits too close to home, with a trusted legal professional on your team can help you guarantee your loved ones are appropriately represented and protected throughout any legal process.
The most typical reasoning to hire a family law attorney comprise of:
Divorce: Each spouse hires their own attorney, that will help create a settlement plan in order to not go to trial. Divorce attorneys usually are experienced at splitting marital property, calculating spousal maintenance, and presenting a plan for child custody, and visitation rights.
Child(re) Custody/Support: Court orders and settlement agreements that involve both custody and support typically are added in can divorce cases, but could be reexamined as circumstances change. For example, child(ren) support may be modified following the non-custodial parent’s financial circumstances changing.
Paternity: Sometimes, a paternity case will be filed by the mother in a bid to secure child(ren) support payments from an absentee father. But occasionally biological fathers file for paternity to have a relationship with their child(ren). Paternity is usually determined through a DNA test.
Adoptions vary based on type, child’s origin, state laws, and other factors, making the process complex and intricate. As a result, it’s critical to speak to a family law attorney. Foster parents occasionally adopt their foster children, but the foster procedure doesn’t inevitably need legal representation.
Associated Practice Areas
Family law frequently intersects with a broad range of other areas of legal practice. In cases of domestic violence or child abuse, criminal investigations, including arrests and charges, are typical. Family courts ensure victim protection and a safe environment. Other associated legal practice areas comprise of:
- Mediation and Collaborative Law
- Estate Planning
- Immigration and Naturalization Law
Do You Need Assistance with a Family Law Matter? Speak with a Professional.
During divorce, adoption, or child support matters, consulting an attorney is advisable to address your legal needs effectively. Get the help you need by contacting an experienced family law attorney in your area.
What is Family Law? (2018, October 10). Retrieved October 21, 2020, from https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/family-law.html
Divorce and Family Law
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