The Nuances of Family Law Between the States

Family law is centered around family relationships. This includes divorce, child custody, child support, terminating parental rights and adoption. This is considered the most emotionally charged area of law. Divorce is common in family law. This is classified as breaking the matrimonial bonds by dissolving the marriage contract. This requires the attorney to file paperwork with the court. The divorce rules vary between the states and include no-fault divorces, residency requirements and periods of separation.

The debts and assets are divided in accordance with the guidelines of the state but the differences between states are small. The length of time the couple have been married and the individual needs of the individuals will affect the division along with domestic abuse and infidelity. A family law attorney brandon fl will represent their clients when the case is heard in court. The attorney gathers evidence including depositions, subpoenas and interrogatories. If mediation becomes necessary, the lawyer participates. Most of divorce cases do not go to court.

The attorney assists with spousal support and alimony issues. This is generally left to the discretion of the judge. A formula is used by some courts to ensure the amount of spousal support is correct. One of the main considerations is how long the marriage lasted. The other considerations include the debt, if the parties can work and misconduct on either side. The lawyers help their clients receive the best results by presenting evidence to the judge. In some cases, a prenuptial agreement has been signed. This determines what assets are received in case of a divorce such as child support, child custody, spousal support and the division of assets.

Child custody is decided by the state with the basis being what is best for the child. The court considers the stability of the home, the bond of the child with the parent, substance abuse and criminal records. If the parents agree the court will generally follow their wishes. If the parent is unable to agree, the lawyer gathers information including school records, medical records, criminal records and the testimony of substance abuse counselors and psychologists. The attorney must take the rules of evidence for the state into account.

Custody is divided into physical and legal custody by most of states. The parent with legal custody makes most of the decisions. Physical custody enables the parent to have the child for a set period such as a weekend or during the summer months. The types of custody can be awarded to one parent or shared by both. A family attorney must understand the nuances of the law in their state. They provide their clients with realistic expectations and have a full understanding of the law. The child has the legal right to receive support from both parents. This is provided for the child whether the parents live in the same residence or separately. Child support is received by the parent with custody of the child.