Family law encompasses issues of marriage, divorce, child custody and domestic violence. Quality family lawyers possess strong negotiation skills to guide clients through what can often be an emotionally trying experience.
The Article asserts that, unlike other areas of doctrine and policy, family law has managed to defy polarization and settle into an almost pragmatic pluralism. It identifies several dynamics which help explain this trend.
Marriage
Marriage brings with it both rights and responsibilities that vary depending on state law, such as whether a license is needed to marry. Furthermore, marriage creates legal obligations such as supporting one’s spouse.
There are also laws regarding property division and spousal and child support that can help couples understand their options. When getting married, couples may benefit from consulting a family law attorney and considering entering a prenuptial agreement – these safeguard assets and minimize future legal disputes between partners who have significant differences in income or wealth. These agreements can especially assist couples who live together but do not share assets equally.
Divorce
An attorney can help you assess whether divorce is right for you and guide you through the process. Each state has unique laws regarding divorce, including how long couples must be separated before filing and whether a marriage can be dissolving on grounds such as mental cruelty, desertion or adultery.
Considerations also include property division and alimony payments. Divorce laws used to heavily favor allocating assets to the wage-earner spouse; however, new laws have equalized this aspect of family law. A family attorney can help file an Order of Protection if there are domestic violence, addiction or mental health concerns present.
Child Custody
Custody cases typically revolve around what is in the best interests of the child. Judges award either legal or physical custody: legal custody grants decision making authority between parents, or is given solely to one; physical custody refers to when each parent will spend time with their child, often determined through an agreement on schedules or timesharing arrangements.
Non-parental figures such as grandparents, siblings, aunts or uncles may obtain custody in rare instances; fault is never considered when making custody decisions nor does anyone’s behavior during the marriage count against them.
Child Support
Parents generally are required to support their children as best as they are able. This obligation continues until a child reaches adulthood, graduates from high school or becomes independent of them.
Many states also take other factors into account when calculating child support payments, including mandatory add-on expenses such as health insurance costs for children, unreimbursed medical costs (copays and prescriptions), as well as child care expenses related to work or education of parents.
An experienced family law attorney can offer expert legal advice regarding state laws regarding child support and other related matters. Furthermore, their assistance can help prepare and file legal documents on your behalf to protect your rights and ensure you can exercise them without issue.
Paternity
Many states provide forms for unmarried parents to use to establish paternity. Usually, both parties sign an acknowledgment of paternity at or shortly after birth (with possibly an accompanying deadline), giving him all rights and responsibilities associated with fatherhood including responsibility for child support payments.
Same-sex couples may choose either voluntary paternity acknowledgement or legitimation actions in court to determine paternity and legitimation issues. Family law attorneys are available to assist clients with these proceedings, helping obtain DNA testing and explaining its results while offering guidance if an alleged or apparent father refuses a DNA test.
Emancipation
Dependent upon their state, minors can be considered emancipated if they can demonstrate they are at least 16 years old and living apart from both parents with either consent or acceptance; managing finances independently with legal sources of income; actively serving in an arm of the military (parental consent is needed if minors wish to join) etc.
Emancipating can have financial repercussions; typically it means the parent responsible for paying child support will no longer need to do so. Before making this decision, it is wise to consult an experienced family law attorney for assistance on any outstanding family law matters that may arise.