Family Law – A Guide To Help You Navigate Through

Over the course of history, humans have developed the family system. It consists of a group of people that are associated due to birth, marriage, or by a legal relationship. The family system provided humans a safe and secure environment because now they can rely on each other for support. The early humans lived in a world that was untamed and ferocious, the family system made it possible for them to survive and continue the human race.

The modern family system has more or less remained the same. But since humans started living in civilized societies, the family system is being governed by laws and regulations that are called Family Law.

These laws were drawn to give legal guidelines in case a dispute or conflict arises between family members. The decision given by the court of law for such disputes is binding on the family members. Such laws keep people from becoming hostile to each other.

Some Subjects That Fall Under Family Law:

Divorce

The annulment of marriages is a complex legal matter, when the couple involved has to decide important matters such as child custody and property division. The family law concerning divorce varies from country to country. But the common thing is that divorce requires the sanction of a court or other authority in a legal process.

Custody And Visitation

Custody and visitation, in family law, means the legal agreement which outlines the parenting schedule for both the custodial parent and noncustodial parent. The agreement is specified by a court of law.

The non custodial parent gets visitation rights. There are two kinds of visitations: supervised and unsupervised.

Child Support

It is paid by a parent for fulfilling the financial needs of the child after a divorce or the end of a relationship. The payment is made by an obligor to an obligee. The obligee is mostly a custodial parent, guardian, or caretaker. This periodic payment is settled by a court of law after considering all the expenses that are needed for the upbringing of the child.

Spousal Support

Spousal support or alimony is the financial support provided to the spouse by a person. It is a legal obligation and the expenses are determined by the evidence presented in front of the court. It is to be provided before and after a marriage ends.

Domestic Violence

It is the violence that occurs in a domestic setting, such as in marriage or a live-in relationship. In general, it means any violence that takes place against children, teenagers, parents, or the elderly. Domestic violence can occur in multiple forms, such as physical, verbal, emotional, economic, religious, reproductive, and sexual abuse.

Property Division

It is the division of property by a judicial court after a divorce. It determines the division of property rights and obligations between the couple. The US law allows equitable division of assets and also takes into account factors such as “contribution in acquiring the property and the amount of emotional value”.

If you live in California, a Sacramento family law firm can help you with your property division matters.

Restraining Orders

It is a protective order used by a court of law to protect a person, object, business, institution, company from violence, assault, abuse, and harassment. The court will order the accused from doing certain actions and to follow some guidelines issued by the court. If you want legal guidance in such matters then click here.

Modifications

If a certain situation changes then the legal decision in that regard will need reconsideration as well. One such example is child support modification, if a child’s financial needs change or a parent’s financial situation changes then the child support agreement will be amended. The two parties can agree on a mutual agreement or a court order can be issued.

How Family Law is Connected To Other Branches Of Law

Traditionally, family law is connected to other branches of law. The laws concerning property and succession were connected to family Law. The marriage of a woman saw the transfer of her responsibility from the father to the guardianship of the husband. A child was subject to concepts of guardianship, custody, and legitimacy. These concepts helped to form the familial power structure and protect the economic interests of a family. These distinctions of legitimacy and illegitimacy helped families to keep their wealth intact if an out-of-wedlock child claimed to be an heir.

Family law is also connected to criminal law. The violence that occurs at home is a crime and this violence can take place in many forms such as physical violence, abusive conduct. It can be committed by an adult on another adult or by an adult on a child.

You Should Get Legal Guidance From A Family Law Firm

Most domestic issues can be resolved by talking through them. But if the matter has spiraled out of control and it has reached a courtroom then you need to consult a law firm.

If you are going through a divorce, then it is already a difficult time for you. You should contact a family law firm. They will represent you in the best possible manner and get you the best agreement.

A divorce has a domino effect because it starts a tug of war between the two spouses regarding child custody, division of assets, spousal support, and child support.

You have a constitutional right to represent yourself but the court of law will hold you to the same standards as a professional lawyer. So it is not recommended to do this because it can result in you losing the case.

Legal Matters and You

The United States federal constitution allows every state to have its written constitution. They concern day to day affairs of the people and they vary from one state to another. If you have to go to a court of law to resolve a legal matter you should be fully prepared.

The recommended way is to talk to a legal counsel and let them handle everything. Plus having legal counsel by your side can save you from unnecessary legal complications.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.