Easy Online US Family Law Services

US Family Law- an Overview

US Family law is a branch of the law that deals with issues involving a family, which can include a spouse, a couple, or kids. This covers legal disciplines like adoption, child custody, and divorce. US Family law is crucial because it is made to address any problems that may affect a family, especially children.

In cases of abuse, family law allows for the removal of children from their parents and the protection of children from harmful or unsafe circumstances. Domestic violence-related issues are covered by family law as well.

US Family law issues can be extremely challenging and painful for all parties involved. Our team of attorneys, who are compassionate and committed to their work can handle it with utmost specification. Our team of experts can help you with agreements both prenuptial and postnuptial. Annulments, paternity, alimony, and other aspects involved.

Divorce & Legal Separation

A Divorce (Dissolution of Marriage) ends the marital relationship between a husband and wife. Divorce is difficult. Not only must you deal with the emotions and pain of losing your marriage, but you are bombarded with opinions of family and friends about what you should or should not do. In addition,the procedures for divorce can be complicated.

We are here to help you through it. We seek to resolve your divorce issues in an efficient and economic manner. Our goal is to protect your rights, provide a healthy environment for your children and enable you to move forward in a positive way. Our attorneys and professional staff have extensive experience with representing our clients’ interests in divorce, legal separation and dissolution of marriage.

Definition of Family Law: Child Custody

Child custody after a separation or divorce and child support are just two of the many topics covered by US family law. Child custody is frequently the most important issue following a divorce. This is the right of the parent to visit the child and make significant decisions on the child behalf in multiple aspects.

     1. Child support is a concern in addition to custody. Usually financial support is provided by the parent who doesn't have the custody of the children. It aims to assist in reducing the expense of raising a child. In order to determine child support, the following factors are typically taken into account in court.

     2. The spouse's income. All the costs associated with raising the children including schooling, health issues, food and the specifics of divorce and separation is done through the spouse's income.

The judge and an attorney will examine these factors and others to determine the precise amount of child support that needs to be paid each month if the parent with custody needs financial assistance caring for the children.

A divorce may be classified as fault-based in some states, which means that one party is held accountable for the divorce. On finalising the divorce it has a significant impact on deciding the life of the child.

You must become conversant with the jargon used by legal professionals in order to fully comprehend the different types of child custody and visitation that are available to you. You must know the difference between physical custody and legal custody in particular. The parent that has the sole legal custody will have the power to make crucial decisions adhering to the law. These choices span the fields of healthcare, religion, and education.

When a child has joint legal custody, both parents are legally able to make important decisions on their behalf. A parent can enjoy joint legal custody without involving in joint physical custody.

An Overview of Basic Divorce Process

The necessary steps in obtaining a divorce will depend on the particular situation of the parties getting the divorce.

The first step in the divorce process is filing a petition. The person filing for the divorce will be named the ‘petitioner’ by the courts while the other party to the divorce is referred to as the ‘respondent’ or, in some states, the ‘defendant’.

The petition will state the grounds for the divorce. In the US, acceptable grounds for terminating a marriage differ from state to state. Mainly, the grounds fall into two categories – fault and no-fault. Fault grounds include such deliberate acts as adultery, abandonment and cruelty. No-fault grounds include incompatibility and separation. Your lawyer can tell you whether fault grounds are available in your state, and if so, whether or not it makes sense to file for divorce on fault grounds.

The court can issue temporary orders that outline specific actions that must take place immediately and last until the final divorce hearing. Examples of things covered in temporary orders are child support, spousal support and child custody. These orders are legally binding and not following them will mean finding yourself in contempt of court. If found in contempt, you can be jailed or fined according to the discretion of the judge.

Once you file the complaint, your spouse has to be notified, or served. You (or your lawyer) must submit to the court proof that your spouse has been formally notified. Usually, the spouse can simply sign what is sometimes called a Voluntary Appearance document. If your spouse signs a Voluntary Appearance document, then he or she simply agrees to everything in the complaint and does not have to respond. Otherwise, he or she must formally respond, or file an answer, within a specific period of time -- usually 20 to 30 days. And, once he or she responds, there is another waiting period before a hearing can be set.

If your spouse is served and does not answer, then the judge can grant you everything requested in the complaint. If your spouse cannot be located, then usually a "service by publication" can be filed. In this case, notice about the divorce appears in a newspaper serving the county where your spouse last lived. This method for service usually allows a longer response period.

The party who receives service of process will then need to file a response to the petition. If a divorce was sought on fault grounds and the responding party wants to dispute those grounds, he or she will need to address it in the response. The responding party may choose to dispute the facts that are alleged to be the grounds for divorce or he or she may choose to assert a defense to the grounds. If there is disagreement as to property division, support, custody, or any other issue, this should be set out in the response.

If the parties don't agree on all the issues, they will need to try to negotiate their differences. The court may schedule settlement conferences that attempt to move the parties toward a final resolution of the issues. If the parties disagree on child custody and visitation, the court may also order mediation, evaluation of the children and parents by a social worker or other court employee and that a lawyer or guardian ad litem be appointed to represent the children. Other issues that may need to be negotiated are the property division and any spousal support.

Any issues the parties absolutely cannot resolve between themselves will have to be decided at a trial.However, going to trial will take longer, cost more money, and have less predictable results so it is probably best to avoid going to trial if possible.

The order of dissolution ends the marriage and spells out how the property and debts are to be divided, custody, support and any other issues. When the parties negotiate their own resolution to all of the issues, they will draft the order of dissolution and submit it to the court. If the order of dissolution complies with legal requirements and both parties entered into it knowingly and willingly, then the judge will approve it. Otherwise the court will issue an Order of Dissolution at the end of the trial.

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