Divorce Law

April 20th, 2010

Divorce is defined as the dissolution of a marriage. It is a court issued decree that states that a marriage no longer exists. Both parties involved in a divorce are free to remarry after a judgment of divorce, a formal written document, is issued. The judgment of divorce document stipulates the division of property, child custody and support, if applicable. Most divorces are not settled in a trial. Usually the issue of child custody, support and the division of property are privately settled between the each spouse’s attorneys and the spouses themselves. However, if those issues are not reconcilable outside of a courtroom. Divorce law provides that a trial may be needed to discover the provisions that surround a divorce settlement.

Family Law

April 20th, 2010

Family law is a form of social oriented law that encompasses all issues of legislation pertaining to the welfare of the family. It includes laws and regulations regarding divorce, child custody, child support, marriage, cohabitation, parenting, domestic violence, and same-sex family households, guardianship, and adoption. There are courts of law dedicated to all matters of family law; generally, larger cities have municipal family courts but in most jurisdictions, family courts are at the county level of government.

Marriage and Common Law Marriage

April 20th, 2010

Marriage in a legal sense is the action that encompasses the criteria for generally a male and female to legally form legal union within one household. Marriage ceremony must be performed by someone who is qualified by law to perform one, this includes: a judge, a justice of the peace, a minister, a priest, a rabbi, and other person with similar official position. The criteria a couple must meet in order to get married varies from state to state. The standard youngest age at which both components of a couple can get married without parental consent is 18 with the exception of Wyoming and Rhode Island whose laws require 16 years of age for girls. Another exception to the standard age at which marriage can occur without parental consent is Mississippi with 17 years of age for boys and 15 years of age for girls. Marriages that do not meet the age requirements cannot be annulled. All states require licensing and about of a third of states require blood tests to check for venereal disease before marriage. Other States have a minimum of a five day waiting period while the license is in processing.