Family Law Basics
Family law concerns the rights and obligations of spouses, children, and other domestic relations. There are numerous ways in which the state, city, and federal laws can change the family. Sadly, many marriages end in separation or divorce. 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. In this case, the court has the mandate to legally end the marriage, share the marital assets between the spouses, grant custody of any children to either or both the partners and impose spousal or child custody whenever 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. States that apply community property laws, the court will divide the property into equal shares between the couple. States applying the equitable property distribution law, the court equitably divides the property between the couple which may or may not be 50/50. Visit this website http://amoriggilaw.com/#!family-law to know more facts.
Partners that wish to establish their own property division rules; they may set up their formulas before marriage by using 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. The legal custody gives the parents the right to decide on issues to do with the child’s education, religion and health. Physical custody gives the parent the right to have their child live in the 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.
Often, a divorce brings about stress to both spouses, any children and those 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 spouse can negotiate in good faith, the mediation process becomes more civil and less expensive and less adversarial way to dissolve the marriage. They can use the help of a neutral mediator to try to balance each spouse’s needs in helping them divide the marital assets, resolve child custody issues, and help them to settle on child and spousal support amounts. The mediator will work with the attorneys of each of the spouse as well to ensure that both the spouses are satisfied with this arrangement. Know more about Pawtucket landlord tenant law here.
Another area that family law is applicable is in the case of adoption. 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.