What is Family Law?

Family Law Breakdown with Common Types
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Family law entails legal issues that are relevant to families. It includes issues related to married couples, children, and parents. It is important to understand that every state has its own family law regulations. That is why it is important to find a family attorney who practices in your state.

Common Types of Family Law

It is not uncommon for couples who have assets to create a prenuptial agreement prior to marriage. A prenuptial agreement is a legal contract that outlines how the couple would divide their income and property in the event of a divorce. It also outlines how they would manage their debts. A couple may also look for the services of a family lawyer should they decide to legally separate. A legal separation is not the same as the end of a domestic partnership or a divorce. No spouse of a couple is legally allowed to remarry unless they actually get a divorce. With a legal separation, the court decides issues regarding money, parenting issues, and debts. This judgment is binding during a legal separation.  The couple may decide to divorce or to reconcile during a legal separation. During a legal separation, there may be things like child support, child custody, and spousal support. Divorce cases are also included under the umbrella of family law. Divorce cases are also included under the umbrella of family law. Once this happens, each spouse is free to remarry. Both members of a couple must file for divorce in their own state.

In most states, couples are permitted to file for a no-fault divorce. A no-fault divorce is one in which either party does not need to prove that anyone did anything wrong. However, depending on the state, it may be required that the parties separate for a specific period of time before filing for divorce.  In some states, it is required that couples state a reason for the divorce. Examples of this include cruelty and adultery.  In a perfect world, couples can agree on who gets to keep one asset. When that doesn’t happen, the assets that get divided will be dependent upon whether the state is an equitable distribution property state or a community property state. Community property state is generally divided up evenly. In an equitable distribution property state, assets are divided up according to one’s income.

Family law also includes the adoption of a child. Couples can go through an independent agency to do this or through a government agency to adopt a child. You may be a foster parent or a stepparent and want to adopt a child. The laws regarding this vary depending on the state

Obtaining guardianship of a child also comes under the umbrella of family law. This is usually done to protect the rights of another person. It is also done when the child’s adult caretaker can no longer care for them. You can also become a guardian of an adult who has disabilities. Guardianships usually happen in emergencies and sometimes are temporary.

Child-related issues are also under the umbrella of family law. There may be issues about custody and child support in the event of a divorce. The court usually decides what is in the best interest of the child. The court may decide one parent is to have full custody, or they may decide upon joint custody for the parents. Child visitation rights may also be an issue. In abuse cases, the abusive parent may only be allowed to have supervised visitation rights or no visitation rights at all. A visitation agreement may include geographical restrictions. His family will also have his child support. Each state has its own individual guidelines about child support. It can get complex. The factors in determining child support often include the salary of the parents and the age of the children.  Today, grandparents are granted visitation rights. Visitation rights may also be granted to aunts, uncles, siblings, and great-grandparents.  Keep in mind that if a parent is against visitation rights for these family members, it can get complex.

In the family law process, the parties involved can usually stipulate what they want. It is put in writing. If the court approves it, it then becomes part of a legal court order. This is usually the best outcome. In the event that the parties cannot agree, the court may order mediation for the couple. Mediation entails a neutral party who works closely with the couple. The goal was to come up with an agreed decision regarding the issues. Communication is key during mediation, and the couples are usually led to brainstorm ideas. You can have a family attorney with you during mediation. The goal of mediation is to come up with solutions that work for all of the parties involved. If an agreement cannot be attained with mediation, the case will most likely go to trial. The parties involved may have to submit evidence and may have to testify in court. After hearing the case, a family law judge will make a final ruling.

The issues that arise in family law are typically difficult. Usually, there are a lot of emotions involved. My family law attorney can help you resolve these issues. They will also work hard to advocate for your request. A family law attorney will strive for the best outcome for all of the parties involved.

Seek representation in all matters involving family law from the Birk law firm. The Birk law firm has years of experience in family law. This law firm has helped many of the families, and they can help you too.  Need assistance with a divorce? Need help with child custody issues? Have concerns about alimony? Considering adoption? Turn to the Birk law firm for all of your legal help. You can call them today for a free legal consultation. The Birk law firm is always happy to answer any of your questions. No question is too big or too small for this family law firm.

Kelvin Birk

Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting, tax, and business consulting. Additionally, he has more than 20 years of experience in Family Law matters including divorce, child custody, child support, alimony, and numerous others.

Comments 1

  1. RONALD D CARTER says:

    I have questions for an appeal attorney from a civil lawsuit I would like to speak to an attorney about . the case is from Sacramento California could you please ask someone to contact me

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