What is Family Law?
Family is generally an individual go-to place. We create families based on trust, love, and affection. However, with time, there may emerge circumstances, in which an individual is left with no other option than separation. The separation of two intimate partners can result in a complex set of legal issues such as the settlement of matrimonial property, the issues of child custody, child welfare, divorce, etc. All these issues are dealt with in a specific area of law, generally termed the family law. Family law is not only related to the separation of intimate partners but it includes a vast category of cases such as domestic abuse by an intimate partner, child welfare, paternity determination, relocation and support, adoption, reproductive rights, juvenile justice, etc. Therefore, family law is very diverse and has emotional, financial, and multiple other dimensions.
Which cases are involved in Family law?
Family law involves a broad category of cases, therefore, clients may find it difficult to determine whether a particular case falls within the ambit of family law or not. In order to facilitate the clients, we have listed the most common facets of family law;
- Settlement of Matrimonial Property: The property which is acquired by spouses during the course of a marriage is termed matrimonial property. When the two partners decide to separate their paths, the matrimonial property is subject to division and all the liabilities and assets are equally divided between the partners. However, the division of common property does not apply to partners who have entered into a prenuptial agreement.
- Prenuptial Agreement: It refers to an agreement between two intimate partners who give up future rights to each other property in cases of divorce, separation, or death of one of the partners. These agreements are made before the partners enter into the bond of marriage.
- Determination of Paternity: The determination of paternity is essential to establish numerous rights and obligations such as the father’s legal duty to provide child support. Similarly, in the cases in which a father wants custody or visitation right, it is imperative to legally establish the identity of a child’s biological father. In cases where a child is born to a married couple, the legal presumption is that the husband is the father of the child. However, in cases, where a child is born to an unmarried couple, there may arise a question about the identity of the child’s biological father. In these cases, the law provides a mechanism to establish the identity of a child’s biological father, the most common method to determine paternity is DNA testing. The request for determination of paternity can be filed by both mother and father.
- Child Custody: In cases that involve children who have not attained the age of majority, the parties or the court of law have to reach a settlement agreement to decide the custody of the child. Generally, the financial condition of the parents, the age of the children, and other relevant factors are taken into consideration to deciding the custody cases. In these cases, the non-custodial parents are also given visitation rights.
- Divorce: It refers to the separation of two intimate partners who are in a legally bound marriage. The divorce lawyers assist the clients in the division of marital property, settlement of issues such as child welfare, etc.
- Adoption: Family laws also deal with cases of adoption, in which intimate partners are assisted by lawyers in the process of adoption of a child. The adoption laws of each state vary, therefore, the attorney has to consider the essential pre-requisite of the respective state law to deal with the adoption matters.
- Emancipation: It refers to a court process through which a minor becomes self-supporting, and assumes adult responsibility for their personal welfare. Once it is established in court, a child will no longer be under the protection of their parents. In these cases, a child who has not attained the age of 18, and is under the custody of a legal guardian has to prove that he or she is fully capable of taking care of himself. The court of law will take into consideration the particular circumstances of the child and then reach a conclusion.
- Alimony: Alimony is the allowance generally in the form of a monetary contribution made by one spouse to another after a divorce or separation to support them. It is generally granted in cases in which one partner is financially dependent on the other partner.
Why is it important to hire an attorney in Family Law cases?
The parties in a family law case share an emotional bond, therefore, they are very sensitive matters. In these cases, it is imperative to take the assistance of legal practitioners who you can trust, and who are fully conversant with the sensitivities of the family matters. These competent individuals ensure that the matter is resolved amicably and aptly, especially in cases that involve children. The presence of expert legal practitioners ensures that the parties resolve their issues through consultation and deliberation. Therefore, in the majority of family law cases, the legal practitioners adopt alternate dispute resolution, which involves, mediation, arbitration, and conciliation. The resolution of a dispute through mutual consent prevents resentment and ensures long-term cordial relations. Cases in which the parties are not ready to discuss the issue with others can end up in courts, in which the legal representative of both parties present their claims in the court of law and ensure the protection of the interest of their respective clients.
If you want to settle your case through alternate dispute resolution or you want to approach the court of law for the resolution of a case, you have to hire the services of a competent legal practitioner with relevant experience in family law. As the personal laws of different states in the United States vary, therefore, it is important to take into consideration the peculiarities and specific state laws. In Florida, Serrano Farah Law, LP provides services to clients in cases related to family law. We have years of hands-on experience in dealing with family law cases in Florida. If you want to avail of our services, you can get in touch with us. We also provide free consultation services to our clients.
