Family law encompasses all legal proceedings involving families and other domestic relationships. This can include divorces, custody disputes and restraining orders. Here are three facts about family law.
- Legal Grounds for Divorce
The legal grounds for divorce can be either fault or no-fault, but the type varies by state. Fault-based divorce involves issues such as abuse, desertion and adultery. No-fault divorce is commonly based on incompatibility or irreconcilable differences. It’s important that you find a divorce lawyer in your area so he or she is familiar with your state’s laws and procedures. For example, if you’re seeking a divorce in Tampa, Florida, you need to seek a family law attorney Tampa, not somewhere else.
- Division of Assets
The way assets are divided during a separation, divorce or annulment is highly dependent on the couple involved. Both parties are able to draw up a marital settlement agreement. Like determining legal grounds, the precedents and laws surrounding dividing assets vary by state. Most states allow each partner to retain his or her nonmarital property. For marital property, equitable distribution and equal division are the most common state laws.
- Parental Rights
One of the most common family law disputes is child custody. Determining parental obligations and affirming parental rights can be fraught situations, and depend entirely on what is best for the child or children. The most typical custody arrangement is joint custody, where parents have roughly equal custody of their children, as well as roughly equal responsibilities for their children’s wellbeing. Responsibilities include the payment of child support and proving that you are capable of meeting your child’s physical and emotional needs.
Family law is a wide net that covers many different but related legal responsibilities, statutes and precedents. If you experience any sort of legal issue in a familial or romantic relationship, it may be a good idea to contact a family law attorney.