Brief Family Law Overview

In legal terms, family law is defined as the branch of law encompassing family relationships including but not necessarily limited to marriages, child care and adult welfare. In the United States, each individual state establishes certain mandates for how various familial relationships will be carried out in accordance with the law.

Family lawyers are often involved with numerous different types of cases. Some of the more common actions include:

When a married couple opts to separate, said split must be performed under the auspices of the specific state within which such individuals resided. Specific mandates may vary from location to location. However, most divorces are not legally recognized by the family courts of most states unless certain legal and financial issues are resolved.

Amongst the key matters requiring settlement include asset division. Again, each state possesses specific decrees about what property is and how said material should be divided. Other critical issues include the potential allocation of spousal support, sometimes referred to as alimony, from one spouse to the other, debt remittal and child support.

Many family courts encourage parting spouses to work in tandem to form an amicable settlement that both parties agree is as fair and equitable as possible. However, not all divorces occur on cordial terms and pertinent matters must be decided by an adjudicating body.

Regardless, family lawyers often play a significant role in helping a divorcing client attain an ultimate conclusion. Said professionals can help such individuals identify assets and debts, encourage the rendering of rational over emotional decisions and negotiate with the other party and their attorney to iron out a fair and balanced agreement.

Child custody cases often encompass significant amounts of a family attorney's time. Typically, said issue comes into play as part of divorce proceedings.

Akin to encouraging the formulation of suitable and amicable financial arrangements, most states also urge parting spouses to author a parenting plan in which both mother and father establish appropriate living arrangements, visitation schedules and certain financial responsibilities.

Unfortunately, however, contentious separations might not yield such favorable results. In those instances, an adjudicating body will create a parenting plan the splitting partners will be obligated to abide by.

Once again, family lawyers can help foster a parenting plan that serves the children in question's best interests and is agreeable to each party. That said, should the proceedings necessitate court involvement, said legal professional could formulate arguments demonstrating why their client deserves to play a significant role in their child's life.

Guardianship can involve children and adults. In the case of children, individuals can apply for legal guardianship should they provide evidence suggesting that said youth's parents are failing to provide adequate care.

Persons can apply for the legal guardianship of an aging or physically or mentally incapacitated adult provided clear cut evidence be shown demonstrating the person in question is not capable of caring for themselves.

In most states, obtaining guardianship is a legal process involving the gathering of pertinent evidence and a court hearing in which prospective guardians provide testimony and evidence to satisfy their claims. Family lawyers can assist such individuals in making their cases and representing them during legal proceedings.