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Learn More About Family Law

Family the law is concerned about the rights and duties of marriage partners, children and other domestic relations. The federal, city and state laws can all affect the family unit in a significant way. It is quite unfortunate that most marriages today are ending in divorce or separation. 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. This means that the court is accorded with the power to legally terminate the marriage, divide marital assets between the spouses, grant custody of any children to either or both partners, and impose child and spousal support obligations if applicable.

The state law and sometimes the federal law may affect a family before, during and after marriage.Some areas in which the law affects the family include the following.

Pre-marriage Agreements
Courts will in general, either use community property laws or equitable distribution laws when dividing marital property, depending on whether the court is located in a community property or equitable distribution state. In states that apply community property laws, the court will divide the property halfway 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.

If you wish to come up with your own property division rules; you can do so using the premarital agreement also known as the prenuptial agreement.

Child Custody and Support
In general, the court prefers to give legal and physical custody over nay children from a marriage to both parents. The legal custody means that they have the right to make decisions on their children’s education, health, and religion. Physical custody gives the parent the right to have their child live in the parent’s home.When a parent is awarded sole custody; the court may also grant the non-custodial parent visitation to see the child at regular intervals.

Mediating In Divorce Cases
The termination of a marriage is often a stressful time for the spouse, any children and their close relatives and friends. 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.A a neutral mediator can try to balance the needs of each spouse and help them divide the marital property, resolve any child custody issues, and settle on child and spousal support.The mediator works closely with the lawyers of each spouse to make sure that the arrangement is satisfactory to both partners.

Adoption/Foster Care
Another area that family law is applicable is in the case of adoption.The the process of child adoption can be complex and varies depending on the type of adoption, where the child comes from and variances in the state laws.

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