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. It is quite unfortunate that most marriages today are ending in divorce or separation. When a couple decides to call off a marriage, one of the spouses will petition the court for a divorce. This means that the court is accorded with the power to legally terminate the marriage, divide marital assets between the spouses, grant custody of any children to either or both partners, and impose child and spousal support obligations if applicable.
It is possible for the law, either state or federal to affect families before, during and after marriage.Some areas in which the law affects the family 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. In states that apply community property laws, the court will divide the property halfway between the couple. 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 Support and Child Custody
Courts will prefer to give the legal and physical custody of children from a marriage to both parents. Legal custody entails making decisions about their children’s health, culture and religion. By physical custody, the child has the right to live in their parent’s home.When one parent is given the sole custody; the court may award the other partner with visitation rights to the child at regular intervals.
The termination of a marriage brings about stress to each spouse, their children and many people 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 couple can bring them to negotiating in good faith; mediation may represent a more civil, inexpensive and less adversarial way to terminate 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 the spouses to make sure that the spouses are in agreement with the arrangement.
Another area that family law is applicable is in the case of adoption.The the process of child adoption is a complex one that differs depending on the type of adoption, the home region of the child, and the variances in the state laws.