Family Law and Divorce
Family law controls not only relationship of two people in the marriage but those who decided to get divorce.
Why We need Family Law During the Divorce Process
Family law is also known as matrimonial law whereby it deals with domestic affairs affecting people bound by legal marriage. It is often concerned with legal issues such as relationships and child adoption. Most of the lawyers handling family laws are often involved in the divorces cases and child custody. Most of the family cases that are handled in the state is the termination of marriages and that of romantic relationships.
However, relationships that have no legal bounds are not considered morally acceptable by the society. The family law is consisting of statutes controlling the legal responsibilities of people sharing domestic connections. These cases must involve two parties related by either blood, marriage, or adoption. As stated, family laws are meant to govern, two parties legally bound through ceremony and have made a covenant. Due to breaking of the promise, legal proceedings should be involved.
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The division of property is the main reason for why a court is involved in the process. Since every state have different laws governing sharing of properties, then there are laws determining shares for each party. Moreover, the law is helpful in reducing physical and emotional abuse that spouses encounter before they are allowed to separate.
Divorce on the other hand is legal process in which a lawyer terminates a union. In America, divorce is governed by the individual states. It means that each state in America has its laws to follow before dissolving a marriage. Therefore, it is important to take important tips required in each state before deciding to take a step of divorcing.
More so, divorce cases have become rampant in the country due to inability to handle domestic issues affecting partners. Proceedings that are considered in the process of divorce is the divisions of property, equal payment of debt, and child custody. Partners are expected to give reasons as to why they are divorcing. For instance, if one of the partner is sterile, unfaithful, insane, or imprisoned then they form basic background for divorce.
Most of the states of America accept accepts to handle divorce cases for people with irreconcilable differences. These differences are mostly domestic and cannot be understood by external personalities. In distribution of properties after divorce, courts have offered to give two schemes to make sure the properties are shared equally.
These are equitable distributions and community properties. However, sharing of children has remained one of the greatest challenge in divorced families. Most laws have tended to protect children by ensuring that a child remains under the care of the mother until eighteen years of age. Therefore, at that age a child is allowed to make personal decisions since he/she is considered an adult.
According to the ruling of the community property, each partner is expected to have an equal share of the salary earned by either one of him or her. For instance, a husband or a wife should have equal shares for the earnings made by either of them.
Moreover, the spouses should share all the property that was acquired during marriage equally. For the property that was acquired individually should be kept apart and is not mentioned during the case proceedings. In the equitable distribution, all the property collected during the relationships are distributed fairly without considering who made a huge amount. It should not be necessarily equal but each side should be favored to get a fair portion of the property.
After spouses have filed a divorce case in the court, it becomes the responsibility of the lawyers to take account of the agreements. Therefore, it is essential for partners to ensure that they are in full agreement of the process. Once the court have filed the case, they handle all the procedures that pertains the law.
In cases where children are involved, several states have placed their interests to ensure that children are well provided for. The law ensures that children are well fed, medically attended, and their schooling finance are paid by the spouses.
This should be in a custody of a guardian or a parent assured to exist in a protective environment. Therefore, most laws in the states have placed a priority for parents to file a parenting plan for the children. Divorce laws in the American states deals with legal procedures that deals with marriage dissolutions. Once the divorce case is over, the two spouses are left free and if they wish to remarry again the law permits.
Since the divorce laws varies from state, some cases can be cleared with minimal reasons explained by the parties. Grounds for divorce in most American states are accepted when one of the partner is showing undesired behaviors such as unfaithfulness. However, since most of the families come together for the reason of childbearing, then when one of the partner is sterile then the court accepts divorce. Such instances are common in the state. A fault divorce is rarely accepted because there is no ground to substantiate since one partner blames the other for marital misconduct. Everything offered to the American courts should have reasons that the society regards as immoral.
Family courts in America have been assigned with a duty to hear cases of the domestic affairs. For instance, parents have a duty to ensure that their children get basic necessities such as good shelter, education, and medication. A child claiming that his parent do not provide, then family court is responsible in hearing and handling such cases.
In ensuring the child safety, court often assigns one parent to watch over the acts of the other parent. Treating the child rudely calls for the court and the laws takes it part. Therefore, family laws are playing a vital role in the American society because it helps minimize child abuse as well as marriage. Divorce is at some instances a solution to violent marriages since it dissolve legal marriage that binds a relationship. Through the family laws, children are able to get favors from the government and are eliminated from harsh treatments of the society. Family lawyers have been assigned with a duty of earing divorce proceeding and the issues affecting children.