Oftentimes, we think about our children, parents, and loved ones. This is even so whenever the word “family” crosses our minds. Research has shown that people who are close to their families are more well-rounded, happier, and in better shape. Thus, everybody agrees that it is hard to think of court when we think about fond memories related to family. Yet, the law has been involved to resolve a serious family matter way too many times.
Family law cases can involve one or multiple members of a family having disputes over certain crucial issues. These could include child custody or divorce. In other instances, it can be cooperative.
In cases like this, family members make use of the law to reach a form of agreement or similar goals. This includes cases like estate planning or adoption. When it comes to family law cases, negotiation can play a significant role. This can also make it possible to avoid going to court.
However, in terms of legal actions, whatever situation you might find yourself in, it is best to contact a family law lawyer immediately. But is that really necessary? Are the issues involved in family law cases that serious? In this article, we’re about to find out.
What can Family Law Lawyers do for You
Depending on the situation, you might need to hire a family law lawyer. This could include settling disputes, among many things. There are important considerations in the field of family law that only a skilled lawyer can see through.
Family law lawyer specialize in issues that relate to families. They help their clients tackle matters that are associated with their family relationships. A family law lawyer deals with issues such as the following:
- Child support
- Divorce proceedings
- Adoptions
- Prenuptial agreements
- Last Will and Testament
- Custody agreements
Having this type of attorney by your side can help you navigate family issues that lead to court.
Family Law Cases: What are the Issues Involved?
Oftentimes, family law cases start with an individual filing petition at the local county court’s family division. Then the filing is completed. It is important for the petitioner to notify all the parties involved. This will enable them to represent their interests. In this section, we will take a look at the different family law cases.
1. Child Support
Child support represents a very common family law case. The parent that has physical custody is entitled to child support. When both parents share custody, the one that gets child support is the parent with a lower income. This is in hopes that the child will live equal lives with whichever parent he or she is staying with.
Child support is associated with statutory guidelines. Yet, there might be additional factors considered by the court. This could increase or reduce the amount that must be paid by one of the parents. Furthermore, one parent might find it hard to keep up with the pace of the child support payment. When this happens, it could result in court enforcement.
2. Marriage, Divorce, and Dissolution of Domestic Partnership
About 50% of all marriages in the United States lead to divorce. Similarly, 41% of first marriages in the country result in divorce. This reflects how common separation and divorce are. Of course, the union and separation between two lovers must be done by law.
As a result, the court is always involved. The following are some related cases that involve the law:
- Negotiating or mediating a domestic partnership dissolution or a divorce settlement.
- Negotiating a post-marital agreement or a prenuptial agreement (prenup).
- Dissolution or divorce of same-sex partnership.
- Divorce for very rich professionals or celebrities.
- Changes in a name after the completion of the divorce process.
In addition, issues related to alimony are often settled in court. When disparity exists in the income of two partners, it is possible for the court to order one of them to pay a form of support directly to the other. This could be temporary or permanent.
Sometimes, there could be a hearing that can help the court consider the financial situations of both partners. This will be key in deciding if awarding alimony is right or not.
3. Custody
The court has the right to decide on any issues related to the custody of the children. This could include the parent that has the physical custody. The court can also decide who makes decisions for the kids. Furthermore, the issue of the parent’s visitation when the other gets full custody will also be tackled in court. This is another case where the need for good family law litigators is key.
4. Property division
When two partners divorce, the property they own is divided. This is in accordance with the law of equitable distribution.
There are many factors that are often in consideration when dividing the property:
- The marriage length
- The level of income of each partner
- The childcare and homemaking services offered by the spouses
- How much each spouse contributes to the marital estate.
Each party is given the chance to provide a piece of evidence that can support their claim to divide the property. This could depend on one or multiple factors listed above. Oftentimes, such issues are contentious. Adultery is also a major factor that can determine how properties are divided after divorce.
The court can also determine what qualifies as community property vs separate property. Besides this, the division of complex assets, such as stock options, can also be done by the court. In addition, the court can decide on who gets the properties that are jointly owned.
Conclusion
Relationships with family members are always special. However, there are instances when such relationships turn sour. The best way to resolve any issues is by going to court. Mediation can either facilitate the settlement of such issues or promote separation.
If the latter happens, many issues still involve the court. Issues like child support, alimony, property separation, and more. Having a good family law lawyer working for you can help you explore your options.
Also read: Why Do You Need a Law Firm Standard Operating Procedures Manual?
