Family law describes the rules, regulations, and court cases involving families. This term applies to any legal situation that involves familial relations. Some cases can be handled without legal advice but matters like child custody often require a skilled attorney.
Family lawyers mediate and fight for the best interests of their clients in these situations. The family law system can also overlap with other legal fields.
So, what does family law include? This question explores the various applications of family law and highlights the role of a family law attorney in navigating its complexities.
Divorce or separation
Family lawyers will guide both parties through the divorce procedure, from filing the petition to coordinating the settlement. Settlements in a divorce dispute can comprise partition of marital property, alimony, child custody, and child support.
Since not all divorces are simple, having a legal expert to help negotiate on your behalf can be beneficial. Each partner will have a lawyer to support them.
Declaration of Invalidity of Marriage
A spouse can request the Court to declare their marriage to be invalid rather than awarding dissolution if there are suitable grounds. This process is commonly referred as an annulment – the legal consequence is that the marriage is treated as never having occurred.
The following are grounds for the Court to announce the marriage invalid:
- A spouse’s mental incapacity due to alcohol, drugs, or other substances, or being induced into marriage through force, coercion, or fraud, may have impacted their consent.
- A spouse is not physically able to complete the marriage by sexual intercourse. At the time of the marriage, the other partner was unaware of this physical incapacity.
- The age of both partners at marriage was sixteen or seventeen. He or She did not have an agreement with his parents, guardian, or judicial approval.
- The law forbids the marriage.
There are specific deadlines for submitting a Petition for Declaration for Invalidity for each ground. You must write a Petition for Declaration of Invalidity of Marriage outlining the relevant grounds to start the procedure.
Dealing With Child Abuse
Child abuse and all types of domestic abuse are significant difficulties a family law attorney may handle. They may work on behalf of the victim or the person falsely accused of abuse. They can help victims in filing lawsuits or restraining orders or assist battered spouses in seeking compensation for emotional trauma and medical expenses.
A lawyer may help a party accused of abuse to prove the incident did not occur or that they were innocent. They may also help a parent who has previously been abusive to obtain rights of visitation that are frequently managed with their child.
Adoption and Foster Care
Adoption or fostering can be a thrilling family expansion process, but legal complexities necessitate the use of expert family law services. Potential adoptive parents will undergo a comprehensive process, including background checks, home visits, and formal approval, through family court.
If the child’s biological parents are involved, adoption or foster care may become more complicated.
A family law attorney often has relationships with respectable adoption agencies and can help support constructive communication between both parties. They’ll help you receive your paperwork, organize your home, and negotiate what’s best for the child.
