Family law is a field of the law that mainly deals with domestic relations and family matters. It includes the adjudication of disputes involving couples, their children and their property. There are various divorce laws that govern different states including divorce decrees, alimony, spousal abuse and child custody. In order to know the divorce process better, it is important for you to appoint a good divorce lawyer who can guide you through the legal proceedings.
When one or both of the married partners is dissatisfied with the relationship, divorce can be applied for. To apply for divorce in California, one needs to submit a divorce request to the court along with relevant documents. If you are not sure if you can divorce your spouse, it is always advisable to hire a family lawyer to help you out. The divorce process may vary from one state to another but basically two main areas will be covered under the court proceedings; these areas are the divorce process for the parties involved in the marriage, and the issues concerning parental responsibility and joint physical custody.
Most divorce lawyers provide services dealing with various family law matters. The divorce lawyer will review the divorce decree and will negotiate on behalf of you. There may be some issues like custody of children, issues concerning the division of the properties accumulated during the marriage, the division of the marital debts, and so on. The divorce lawyer will represent you in the court proceedings and will argue for you in order to secure you fair compensation. It is the divorce lawyer who will deal with the technicalities of the divorce such as collecting the financial information, preparing all the necessary papers and other legal issues pertaining to the divorce.
Another area that comes into focus when we talk about family law concerns is the matter of divorce settlements and the distribution of the marital assets. During the divorce process, the divorce decree states that the husband is to pay for the expenses incurred during the divorce, the wife is to shoulder the responsibility of child upbringing, the divorce decree does not bind the husband to stay at home, and the property accumulated during the marriage is to be divided equitably between the spouses. In certain divorce situations the court may choose an alternate party to divide the equities. If an alternate party is not acceptable, or if the equities cannot be settled then an out of court settlement is to be made. This process is referred to as an equitable distribution.
The divorce process and the distribution of the marital assets go hand in hand. There are many cases that are settled out of court, while there are also many family law cases that are going to court. There are times when the two parties may not want to settle the divorce cases through the family court. An experienced family lawyer would be able to mediate the situation between the parties and would help the parties come to an agreement which would be the fairest one. However, this is not always possible as often the two parties cannot agree on the distribution of the assets or the terms of divorce.
An experienced family lawyer can help the parties arrive at a reasonable solution to the problem. One of the common types of family law cases that are settled out of court are paternity suits. A paternity suit involves the claim by either parent for child custody rights. While the parents are generally entitled to equal rights, in some states or in certain circumstances the state supreme court may review the paternity claim. If the court rules in favor of one party, the other party has the choice of pursuing the matter through the legal system or through alternative dispute resolution (ADR). Click here to get a free consultation with an experienced divorce lawyer.