The Basics Of Family Law
Family the law is concerned about the rights and duties of marriage partners, children and other domestic relations. The federal, city and state laws can all affect the family unit in a significant way. Unfortunately, many marriages today end in couples separating or divorcing. 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.
It is possible for the law, either state or federal to affect families before, during and after marriage.Some areas, where family law is applicable, include the following.
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. In equitable distribution states, the court divides the marital property equitably which may or may not be on the 50/50 basis.
Couples who wish to draft their own property division rules may set up their formulas prior marriage using the premarital agreement or the prenuptial agreement.
Child Custody and Support
In general, the court prefers to give legal and physical custody over nay children from a marriage to both parents. The legal custody means that they have the right to make decisions on their children’s education, health, and religion. Physical custody gives the parent the right to have their child live in the parent’s home.When a parent is awarded sole custody; the court may also grant the non-custodial parent visitation to see the child at regular intervals.
Often, a divorce brings about stress to both spouses, any children and those close to them. 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 spouse can negotiate in good faith, the mediation process becomes more civil and less expensive and less adversarial way to dissolve the marriage.A the neutral mediator tries to strike a balance the needs of each spouse in helping them divide the marital assets, resolve child custody issues and settle on child and spousal support amount.The mediator works closely with the lawyers of each spouse to make sure that the arrangement is satisfactory to both partners.
Foster Care or Adoption
Family the law also plays a significant role in foster care or adoption.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.