What is Family Law?
Family law is an area of law that covers a wide range of legal issues that involve marriage and children. Most common family law topics usually involve the following:
- Divorce or Annulment
- Child Custody and Visitation Rights
- Child Support Payments
- Spousal Support / Alimony
- Adoption Matters
The practice area of Family law specifically deals with children in regards to adoption, guardianship, state child protection, domestic violence and restraining orders for adults. While many of the reasons people may seek out legal advice in the field of family law are wrought with emotion and unfortunate circumstances, people must come to terms with those circumstances and get the legal advice and representation they really need
What Areas Does Family Law Cover?
- Marriage and Living Together
- Divorce Litigation
- Uncontested Divorce
- Contested Divorce
- No-Fault Divorce
- Alimony/Spousal Support
- Separation Agreements
- Prenuptial Agreements
- Postnuptial Agreements
- Domestic Violence and Child Abuse
- Adoption and Foster Care
- Parental Liability and Emancipation
- Child Custody
- Child Visitation
- Child Support
- Modifications & Enforcement
- Orders of Protection
- Reproductive Rights
Do I Need A Family Attorney?
Court processes for any matter under the heading of family law is likely to be extremely confusing to those involved, so it is highly advised to consult with a family lawyer to assist you in explaining your rights and protecting your interests. Furthermore, if you have questions or are unsure about what you can or cannot do, it would be wise to get legal counsel as a safety precaution to protect you and your family. An attorney with extensive experience in family law should understand how to navigate through the complex legal processes in a proficient method and will be right by your side when you call with questions.
Family Law And Divorce
In the 1960’s, advocates for divorce called for the legal recognition of a no-fault divorce. Under this label, a divorce could be granted under the terms of incompatibility or irreconcilable differences. This allowed the court to examine the condition of the marriage rather than the question of whether either party is at fault. This type of proceeding eliminated the need for one party to accuse the other of a traditional ground for divorce under conditions such as abuse, adultery, alcoholism, or drug addiction.
Now that no-fault divorce has become a quick and inexpensive way of ending a marriage, the division of property has also undergone changes. Courts consider the contributions and the career occupations of both spouses in distributing assets and setting up alimony or maintenance.
Family Law and Child Custody and Support
During any marriage involving children, both parents execute the needed responsibilities and decision making. However, upon the event of a divorce, the responsibilities and custody will need to be split between both parents. Visitation rights, financial needs, child support, and more will need to be discussed. Traditionally, the rights of custody would go to only one parent (usually the mother), but with changes in marital and social roles and dissatisfaction with custody decisions, the concept of joint custody was birthed.
In most cases, a divorce decree will require the noncustodial parent (usually the father) to pay child support. However, every state has different guidelines and laws, but the starting point for every decision is who will pay child support and how much they will pay. In addition, other factors the court may consider include how much each parent earns and how much time each parent spends with the children. The court may also take into account if either parent has the ability to earn more, whether there are special needs of the children, and which parent pays for the child care and health insurance. Under normal circumstances, child support usually lasts until the child is 18.
Contact A Caring Family Law Attorney
McAllister, Aldridge & Kreinbrink, PLLC is committed and dedicated to you and keeping in communication every step of the way. We are intent on superior client service, and will always return your calls. Call today at (336) 882-4300 or use our online contact form.