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The Basics Of Family Law
Family the law is concerned about the rights and duties of marriage partners, children and other domestic relations. There are numerous ways in which the state, city, and federal laws can change the family. Unfortunately, many marriages today end in couples separating or divorcing. When the worst comes to the worse, and a couple decides to end a marriage, one of the partners 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.
The state law and sometimes the federal law may affect a family before, during and after marriage.Here are some areas in which family law applies.
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.
Partners that wish to establish their own property division rules; they may set up their formulas before marriage by using the prenuptial agreement.
Child Custody and Support
Courts will prefer to give the legal and physical custody of children from a marriage to both parents. The legal custody gives the parents the right to decide on issues to do with the child’s education, religion and health. 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 is often a stressful time for the spouse, any children and their close relatives and friends. 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 spouse can negotiate in good faith, the mediation process becomes more civil and less expensive and less adversarial way to dissolve the marriage.A a neutral mediator can try to balance the needs of each spouse and help them divide the marital property, resolve any child custody issues, and settle on child and spousal support.The mediator works closely with the lawyers of each spouse to make sure that the arrangement is satisfactory to both partners.
Family the law also plays a significant role in foster care or adoption.The the process of child adoption can be complex and varies depending on the type of adoption, where the child comes from and variances in the state laws.