Divorce Law

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.

Divorce law typically requires that one or both parties define their residency and domicile statuses before divorce proceedings begin. Divorce law defines “residency” as the place in which one party resides at the time of the initiation of divorce proceedings. Divorce law defines “domicile” as the place where the person seeking divorce considers home. Usually the place of residency and domicile are the same for both parties involved in a divorce. In the case of separation before divorce, for example, a person’s residency will be different from their domicile.

Residency requirements vary based on a state’s divorce law. A few states have no residency requirement. In the case that a residency requirement is not needed, the initiation of divorce will occur quickly. Residency requirements place a waiting period on the initiation of divorce proceedings, most often six months. Some states require a period of time that a person takes residence in a state before they can even give a divorce attorney their residency status.

Divorce law requires that the party seeking a divorce must file a written statement discussing the grounds for divorce to be submitted to the court. The statement may be filed under no-fault or fault. The person seeking a divorce may have the choice to allege that the divorce is the other spouse’s fault. All states have the option of a no-fault divorce; however, depending on a state’s divorce law, there may be a period of time in which one party must be separated before the motion for a no-fault divorce may be granted by the court. Thirty-two states have fault based grounds for divorce.

No fault divorces place no blame on either the wife or the husband. The proceedings, therefore, do not seek to determine to place guilt or blame on either party. Common grounds for a no-fault divorce are irreconcilable differences or that the couple had been separated for 6 months to a year with the intention of divorce. Critics of no-fault divorce argue that divorce law in this type of proceeding does not protect the interests of an economically dependent spouse. In the 32 states that have fault divorces as an option, common grounds for divorce alleges that one of the spouses committed adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, or had insanity, impotency, infection of venereal disease. The outcome of divorce proceedings according to a jurisdiction’s divorce law may change in favor of the complainant if these allegations for divorce are proven to be true.

Whether a divorce is no-fault or fault based, the issue of property and child support and custody are issues that could get messy regardless. Some believe that if a case against one spouse at fault is good enough, the judge will determine an outcome that is more favorable to the person seeking the divorce. It is always important to consult an attorney who specializes in divorce law to weigh options and choose which type of divorce proceedings may be best suited for your case.

Family Law

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.

Divorce proceedings and settlements are often settle in family courts. Family law pertaining to divorce takes into account important matters surrounding the dissolution of marital ties like child custody and jointly owned property. Family law regarding the issue of divorce varies at the state level. Statutes stipulating the conditions of divorce settlement cover how much of the assets and property that was once jointly owned should go to each spouse. Some jurisdictions have legislation that determines which spouse is culpable in the events leading up to the dissolution of the marital bond. Child custody is generally based on what the state determines is best for the welfare of the child or children that may be involved in the divorce. Child support is based on the lifestyle that the child was supposed to have if the divorce had never happened. Divorce law is only one aspect of statutory regulations in family law code. The issue of property and alimony are mostly based on the continuation of the quality of life the spouses enjoyed prior to the divorce proceedings. Laws and Judges attempt to make divorce as easy for all parties involved in a divorce; the husband, the wife, and the children. All cases are different and there is no guarantee of an unchanged life after divorce, but the court tries to make the law function in the most just and equitable way if possible. There are lawyers that are specialized in this aspect of family law.

Custody battles between a divorced couple can be messy. Sometimes, the issue of child custody can be settled outside family court. The benefit of settlement outside a court of law is that nobody is punished and the state does not get involved in matters of family. However, if differences between divorced parents are irreconcilable, a court can settle the disputed custody of children. The judge and lawyers on each side of the dispute will forge an agreement based on existing family law. The agreement is generally intended to be as just and equitable as the law permits. Custody battles are subject to several different variables and it pays to be as civil in the matter as possible despite the intense emotional issue at stake in a custody battle. Either parent’s custody rights are at stake as the judge assesses each parents history and decides who should get more custody than the other. The judge could issue partial custody or half custody to both parents. Or if the judge sees fit, based on the circumstances of a particular case, the judge may grant one parent full custody of the child. If both parents are deemed unfit for custody of the children, the judge may decide to grant custody to the closest blood relative of the parent or if no such relative exists the children may be placed into foster care to be placed for adoption.

Family law also encompasses matters of adoption. Legislation determines who may adopt a child or infant and what kind of child may be adopted. The legislation pertaining to the adoption of a child can be complex due to the nature of the matter. The legal definition of an orphan can vary from state to state as custody is generally granted to existing blood relatives of an orphaned child. It is important to find reputable adoption attorneys and agencies. Adoptions of children of foreign countries and regions like Russia, China, and South and Central America became increasingly popular in recent decades. Family law pertaining to international adoption can be even more complex due to the lack of existing case law on this kind of adoption. International adoptions are subject to challenge that could create intricate legal complications because the act involves international boundaries. Domestic adoptions are subject to less challenge as existing case law is available and therefore less subject to challenge. Wherever a person may choose to adopt a child from, one rule is of critical importance, choose an attorney or adoption agencies that has ample experience in the legal aspects of adoption.

Family law concerns the prevention, punishment and social aspects of domestic abuse. There is family law at all levels that covers all possible scenarios in domestic abuse. Domestic abuse is enough reason for divorce in every jurisdiction of the country. Restraining orders may be placed against an abusive parent or spouse. Family law pertaining to domestic abuse is designed to punish whomever may be the assailant either criminally or civilly or both. The ability to sue for damages in cases of domestic violence comes from the federal Violence Against Women Act. In cases in which both parents commit acts of domestic violence against their child, custody rights may be taken away from both parents.

The enforcers of family law are police and social workers that work for a county’s division of youth and family services (DYFS). Sometimes these agencies are known as Child Protective Services (CPS). These law enforcement and state government agencies work directly with the court to testify, or provide expert testimony in all matters pertaining to family law. Courts consider their testimonies when deciding the outcome of a particular case. Legislation can also be worded in a matter that enforces rather than enumerates an aspect of family law. A common example of such legislation is legislation designed to enforce a former spouse’s payment of child support to the custodial parent of the child. Social workers handle any kind of domestic dispute. Social workers have the power to temporarily relinquish a parent’s custody rights until the matter is settled in court. The topics that social workers cover involve matters of substance abuse, domestic abuse, emotional abuse and have the power to call law enforcement to make arrests associated with domestic matters. Many states require that these payments be made for the duration of childhood until the child’s 18th birthday, other states require payment of child support as long as the child is filed as a dependent on the custodial parent’s tax return. Child support legislation could also punish the non-custodial parent for non-payment with additional monetary penalties and even jail time. Enforcement legislation is not always focused on punitive aspects of child support and custody. The terms and conditions of child custody as determined by a court of law must be followed to the letter of the law. If either parent violates any terms or conditions of custody, that parent in violation of that agreement may be subject to paying monetary penalties and fines to the state. Laws regarding issues of family law vary from jurisdiction to jurisdiction.

Family law also stipulates who can marry and the steps necessary for the marital bond to be recognized legally by the local, state, and federal governments. Legislation regarding same-sex marriage and domestic partnership is covered under this sector of family law. The issue of homosexuals marrying to receive the same benefits of marriage that heterosexual couples receive is that the heart of the controversy regarding the ability of same-sex couples to legally marry. Some states have addressed this civil rights issue in different manners. Some states have passed so-called “defense of marriage” legislation that stipulates that a same-sex marriage from another jurisdiction will not be recognized by another jurisdiction. At the federal level, this type of legislation raises crucial constitutional issues regarding the full faith and credit clause in article IV of the US Constitution. Several states have reacted to the issue of same-sex marriage in a more compromising manner, granting same-sex couples with domestic partnerships with all the same benefits as regular marriage. Others use the term “marriage” to define their same-sex marriage legislation.