I t seems that the old saying “till the death do us apart” has become quite old-fashioned way of thinking nowadays, considering overall growing rate of legally terminated marriages. Though it seems that modern age degraded relations between people and the divorce became common thing, divorce remains tough and emotionally disturbing event for those who experience it. Depending on many circumstances, divorce can be more or less traumatic and ugly procedure, especially if the issues are resolved in the courtroom.
There are plenty reasons why people decide to end the marriage. The most common are: infidelity, addictions, domestic violence or simple “incompatibility” of partners. Depending on the legal system of the state partners live in, a person asking for a divorce may or may not be obligated to verify the reason for divorce, proving that partner has done something wrong. So called “no fault” divorce states do not require this step.
Generally speaking, there are two way to file for divorce. The first one consists of spouses filing a joint petition for divorce. These couples are usually capable of achieving compromise about every issue in their case without the intervention of the family law court. These processes end quickly and spouses usually don’t have to appear in a courtroom. Criminal attorney merrillville lawyers can help you with filing the lawsuit.
When splitting becomes turbulent and spouses do not agree on too many things, they can file for divorce separately. This is called filing a complaint for divorce and it triggers more complex legal process where the court and judge will have a final word. This leads to several hearing in a row in front of the family law judge and the major decisions regarding a divorce made by a court.
Before official termination of a marriage, there are numerous matters that need to be discussed and resolved. The spouses need to reach an agreement on how to divide their property, debts included, whether the alimony will be awarded and what amount of money will it be…Particularly delicate questions rise in divorce cases involving children. The family court has to decide about the custody, visitations, child support, insurances and many other things.
All of these matters are complex and the whole terrain is often emotionally charged. The family court needs to approach gently to the subjects and it’s always easier and more efficient if spouses are ready to work along and go through the divorce process in a rational and calm manner.
The marriage – related cases refer to divorce and separation, child support and custody, name changes, prenuptial (or postnuptial) contracts and paternity determinations. The second group of family related cases includes wide range of matters, such as adoptions and surrogacy, visitations and restraining orders, guardianships, emancipation and juvenile delinquencies.
One of the most frequent family law cases are marriage endings. When deciding to determine a marriage, a person files a case at the family court asking for the legal system to guide the procedure of marriage dissolution. The court can terminate the marriage by divorce, annulment or separation, depending on many circumstances specific for each case. Many broken marriages lead into another type of family law cases – child custody, visitations and alimony issues. In spite of existing rules and laws, every case is specific and it takes compassionate, but objective approach in order to settle these matters in a just and an equitable manner.
Family law courts also handle all kind of cases regarding child custody by the unmarried parents, the procedure of child adopting or guardianship, when the court assigns a person responsible to take care of a child or an adult unable to take care of themselves. If a man needs to prove paternity or a person is asking for a legal protection from domestic violence or if children abuse is an issue, the family law and family courts are also institutions people can turn to.
Family law often deals with marriage counseling and similar psychological support programs, always providing parties of a case with different consulting and helping courses, encouraging both sides to settle the problems out of court, if possible.
When family law judges process these kind of divorce cases, they have to determine child support – the amount of money that noncustodial parent is obligated by family law to pay periodically to the custodian. Child support is a financial help coming from one parent, meant to pay for child’s basic living expenses. It should cover costs of food, clothing, house, education, medical bills. Mark E. Mitzner child custody lawyer orange county is dedicated to helping clients with all child custody matters throughout Orange County.
When discussing child support with parties of a divorce, the family court considers many variables: child’s age and financial needs, average income of parents and the estimated living standard child would have had if there wasn’t for a divorce.
The amount varies according to the specification of each case and some laws vary from state to state.
Family laws in different states usually differ at few aspects. Most of the states consider that the non custodial parent should finance only his / hers biological child, though some states impose financial duties even towards stepchildren. Most states foresee financial help until the child is 18, but there are some exceptions to this rule. There are ongoing debates on whether the obligator should pay for child’s higher education, such as college costs. Also, there are some disagreements among family law courts considering child support in the case of the obligator’s death.
Some states order certain determined amount of money, whilst other order precise percentage of parent’s incomes.
Most of the family courts follow quite strict rules and foresee serious penalties if the obligator refuses or neglects paying child support. Family law uses different enforcement methods in these cases, since the children’s benefit is one of the highest priorities of every society.