If you’re going through a divorce, you’re likely feeling a range of emotions: anger, sadness, confusion, etc. You might be wondering how to protect your interests and those of your children. This is where family law comes in. Family law encompasses legal disputes between family members, including marriage, divorce, child custody, and adoption.
Family law can be complex and confusing, but it’s essential to understand the process and what to expect. This blog post will briefly overview some of the most critical aspects of family law.
Divorce and Marriage
The very first family law that you might encounter is marriage law. These laws cover issues such as who can get married, what you need to do to get married, and sometimes even the legal rights of people who are already married.
If you have decided that getting divorced is the best option for your situation, family law will also apply to your divorce case. This area of law deals with how assets should be divided between spouses and how custody of children should be decided. It is essential to hire an experienced attorney if you are going through a divorce to ensure that your interests are protected throughout the process.
This may also cover taxes you might be paying as a married couple. People mistake the taxes of married individuals as lower than those of single individuals. This isn’t the case all the time. Married individuals may go through tax penalties as single individuals do. It’s important to know these things so that your taxes won’t pile up once you’re married.
Child Custody
In many divorces, one of the most contentious issues is child custody. Child custody refers to physical custody (where the child will live) and legal custody (who has the authority to make decisions about the child’s welfare). In some cases, parents can agree on custody on their own or with the help of a mediator. However, if they cannot agree, the court will decide based on the child’s best interests.
When deciding about child custody, courts will consider various factors, including each parent’s relationship with the child, work schedule, home life, and any history of abuse or neglect. In some cases, older children may be able to express their preferences about which parent they would like to live with.
Child Support
In addition to child custody, another critical issue in divorce proceedings is child support. Child support is money paid by one parent to the other to support their shared children. The amount of child support paid will vary from case to case, but courts use specific guidelines to determine how much should be spent. These guidelines take into account each parent’s income as well as the needs of the children.
It’s important to note that child support payments are not intended for expenses such as extracurricular activities or private school tuition; instead, they are meant to cover basic needs such as food, shelter, and clothes. Therefore, if you’re ordered to pay child support and fall behind on your payments, you could face serious consequences such as wage garnishment or jail time.
Inheritance Laws
Inheritance is a big deal in family law since it deals with leaving money and property behind to others after you pass away. The laws that govern this area can be very complex, so speaking with an estate planning attorney is highly recommended if you have concerns about how your assets will be distributed upon death. There are two kinds of inheritance laws in the U.S. if the individual has no will:
Community Property Laws
This type of law focuses on how married couples should manage their assets during their marriage. Community property laws dictate that all marital property will be evenly divided between spouses upon divorce.
Common Law Property Laws
In most states, when people are not married and have children together or share financial responsibilities, common law property rules apply to inheritance.
These laws might seem simple to you, but there are intricacies that only experienced lawyers would know about. That’s why it’s good to hire a professional estate lawyer to make the claims for you. Remember, you can claim the property even if you are not mentioned in the will.
Family law can be complex and confusing, but it’s essential to understand the process and what to expect if you find yourself in a situation where you need it. Hopefully, you are now armed with sufficient knowledge to help you successfully navigate the legal system.
