Family law consists of a wide range of services, including but not limited to marriage, divorce, child support/custody and estate planning. As many family law matters are sensitive and often concern emotions, they require an attorney who is not only knowledgeable of the law but also empathetic. A family lawyer can help you navigate these situations.
Family law matters covers:
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Marriage
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Divorce
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Child support, custody and visitation
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Spousal support
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Inheritance law and estate planning law
Marriage
Marriage is an exciting time for any couple, but there are also legal matters to consider. Marriage is a legal contract between a couple and allows them certain rights, like filing taxes jointly, joint ownership of property and the right to inherit property from a spouse. Couples legally marry by obtaining a marriage license and participating in a religious or civil ceremony.
A family attorney can help with a prenuptial agreement, which is a legal contract that states what will happen to a couple's property and assets in the event of a separation or divorce. While some couples feel that a prenuptial agreement is unnecessary as they have no plans to divorce, it is difficult to predict the future. A prenuptial agreement can save you a lot of time and money in the future.
Divorce
Divorce can be one of the most stressful events in a person's life. A divorce is the process of legally dissolving a marriage contract. It involves dividing up the property/assets the couple jointly owns and may include spousal support obligations. If there are children, the divorce will also determine where they will live and how the parents will support them.
Divorce laws differ from one state to the next. Most states allow a no-fault divorce, where there are no grounds for divorce other than the couple no longer wishes to be married. In states that require a fault-based divorce, the person filing must have a legal reason for seeking divorce, like adultery or abuse.
A divorce attorney offers many services. In many cases, the couple agrees on the terms of the divorce, and the lawyer manages the legal proceedings. In other cases, couples may require mediation or even a court hearing to determine the terms of the divorce. The lawyer typically advocates for one party, ensuring the divorce terms work in their best interests.
Child Support, Custody and Visitation
Child support, custody and visitation are often part of divorce proceedings, but if there is no marriage or if there are other circumstances, these matters may be handled separately. The court will always act in the best interest of the child when trying these cases. Child custody and visitation refer to how the child will split up time with each parent.
In many cases, both parents share legal custody of the children. This means they can both make decisions regarding the child. Physical custody states who the child lives with most of the time. Parents often have joint physical custody, meaning the child splits time evenly with both parents. Sometimes, one parent has sole physical custody, with the child living primarily with them. The other parent may have regular visitation to spend time with the child.
Child support is money that one parent pays to the other to help with raising the child. Typically, the non-custodial parent pays child support to the custodial parent. This money is intended to compensate for the lack of income in a one-parent household and covers the child's needs along with living expenses. Child support is usually a percentage of the parent's income, but may be more or less depending on how much the parent makes and if they have children from another relationship.
A lawyer for family matters can assist with all aspects of custody, visitation and child support. They can help a parent fight for more visitation or custody and can petition for more or less child support depending on the parents' circumstances.
Spousal Support
Spousal support is support paid from one spouse to another after a divorce. It is not as common as child support. A person may receive support if they were not working during the marriage and relied on their spouse for income. The spouse may pay support while the person searches for a job or gets a degree. Spousal support is usually temporary and ends once the person has a sustainable income. A spousal support attorney helps a person prove that they cannot earn an income immediately after a divorce.
Family Law as a Valuable Planning Tool
You don't have to wait until you have an issue to see a family matter lawyer. These lawyers can often help you make plans to prevent future problems. A family matter lawyer can help with estate planning, wills and prenuptial agreements. These plans can protect you and your loved ones and give you peace of mind should anything happen in the future. For example, a prenuptial agreement that sets up plans for spousal support may prevent a lengthy course case.
Inheritance Law and Estate Planning Law
Inheritance and estate planning determines what happens to your property and assets after you pass away. It helps determine which of your decedents will receive what and can be dependent on differing state laws. In a community property law state like California, the surviving spouse automatically receives rights to some assets, especially those obtained during the marriage.
Inheritance law can be quite complex. A lawyer for family matters has a keen understanding of inheritance law and can help you ensure that your estate is divided as you see fit. If you are a decedent, a lawyer can help you get the assets and properties that are rightfully yours.
