Legal matters relating to family relationships can be complex and can often leave us perplexed. A knowledgeable family law attorney is there to help guide us through our options and guide us toward making wise choices that benefit both ourselves and our loved ones.
Understanding key family law terms can be extremely helpful in preparing you for your situation and feeling at ease when speaking to a lawyer.
Marriage
Many cultures around the world define marriage in various ways; most generally recognize it as the union between one man and one woman – either monogamous or non-monogamous, and may include cousin, common law covenant and sister marriages.
Marriage has long been an intricate issue in family law, raising questions of property rights and support obligations for both partners. Some states even permit spouses to be held liable for each other’s medical expenses in certain instances. There are also considerations related to non-marital property (anything acquired prior to or through gift/inheritance before marriage) and alimony payments – with marital property considered part of a community estate and subject to equitable division by equal shares.
Divorce
Divorce is the legal end of marriage and often entails issues surrounding property division, child custody and visitation as well as support payments. Divorce laws often favored awarding property allocation to wage-earner spouses while overlooking women’s work as homemakers and caregivers.
When filing for divorce, you must provide your spouse with copies of your complaint and any supporting documents, as well as proof that he or she received them.
An attorney can assist in filing for divorce or separation and managing issues such as spousal support, legal and physical custody arrangements and emancipation. They also offer advice regarding prenuptial and postnuptial agreements.
Child Custody
In custody cases, judges have the discretion to award either sole or joint legal and physical custody to either parent. When granted joint legal/physical custody arrangements, both parents share in decision-making authority for their child’s education, medical care, religious upbringing and emotional development.
Custody may also depend on physical residence or how time with the child is divided. For instance, they could spend each weekday night with one parent while visiting both on weekends (shared physical custody).
Courts usually consider evidence of abuse or neglect when awarding custody, while interference with visitation rights can prompt further review of the situation. Non-parents such as grandparents and stepparents may also make claims in certain situations for custody rights.
Child Support
Child support payments vary between states; generally speaking, one parent pays another in order to help cover basic needs like food, housing, clothing and medical costs for their child. Additional expenses, such as athletic or artistic pursuits may be taken into consideration on an individual basis.
Child support calculations in court typically factor in both potential income (imputed income) and actual income to calculate child support payments. Therefore, it’s crucial that you work with an experienced attorney in order to successfully present your case and obtain the appropriate amount ordered. Reassessments typically occur every three years but they can also be altered should either parent experience significant life changes that necessitate adjustment.
Prenuptial Agreements
Prenuptial agreements (prenups) can be beneficial to both parties involved. A prenup can clarify how assets will be divided upon divorce, set guidelines for maintaining separate property, and assign responsibility for debts accrued during marriage.
Prenuptial agreements contain language that may limit or waive spousal support, waive the right to alimony altogether, or stipulate minimal amounts in terms of future support payments. It should be remembered, however, that courts always review prenups on an individual basis and will not enforce terms which run counter to public policy.
Substantive provisions which encourage misconduct or infidelity will not be recognized under state law; to make sure a prenup is legally sound, it should be drafted with assistance from an attorney.
Adoption
Adoption involves making an adult the legal guardian of a child, with all its associated rights and responsibilities, thus fulfilling parenthood’s responsibilities and rights. This may involve relinquishing parental rights or legal proceedings as necessary.
Family law places children at its core, working tirelessly to ensure they lead happy, safe lives. When it comes to matters such as custody or divorce, family lawyers work in order to find what best serves the interests of all involved parties involved – be they custody or divorce cases. Furthermore, prenuptial and postnuptial agreements provide couples a roadmap outlining what each owns in case they separate; this helps avoid future conflict while keeping things fair.
