General Family Law Principles
Best Interests of the Child
Conflicts involving children are resolved in a manner that is in the best interest of the child’s physical, emotional, and psychological well-being.
Equitable Distribution
Distribution of property and assets is equitable but not necessarily equal.
Legal Recognition of Relationships
Also read:
- https://nexgenlegalaid.com/20-critical-facts-about-divorce-proceedings-under-family-law/
- https://nexgenlegalaid.com/25-tips-for-handling-child-custody-cases-in-family-law/
- https://nexgenlegalaid.com/30-questions-to-ask-your-family-lawyer-before-filing-for-divorce/
Marriage, domestic partnership, and common-law marriage are covered under family law.
Parental Responsibilities
Custody, care, and upbringing of children are determined by the courts.
Enforceability of Agreements
Prenuptial, postnuptial, and separation agreements are enforceable if valid.
Dispute Resolution Methods
Negotiation
Parties negotiate terms for property division, custody, and support with or without attorneys.
Mediation
A neutral third-party mediator helps resolve disputes outside court.
Arbitration
A private arbitrator resolves disputes with binding decisions.
Collaborative Law
Both parties work with their lawyers to resolve issues without going to court.
Litigation
When disputes cannot be resolved amicably, courts intervene to issue binding decisions.
Divorce and Separation Disputes
Filing for Divorce
Initiate legal proceedings by filing a petition in the appropriate jurisdiction.
Temporary Orders
Courts issue temporary orders for child custody, support, and property use during proceedings.
Marital Property Division
Assets acquired during marriage are divided based on jurisdiction-specific rules (community property vs. equitable distribution).
Spousal Support (Alimony)
Determine financial support for one spouse based on income disparity and needs.
Debt Allocation
Marital debts are divided between the parties.
Child Custody and Visitation
Legal Custody
Decide which parent makes major decisions about the child’s education, healthcare, and welfare.
Physical Custody
Determine where the child will spend most of their time.
Parenting Plans
Develop a specific schedule for visitation and shared parenting responsibilities.
Supervised Visitation
Ordered when one parent might pose a risk to the child’s safety.
Relocation Disputes
Courts decide whether a parent can relocate with the child to another location.
Child Support and Financial Issues
Child Support Calculation
Support is calculated based on the income of parents, custody arrangement, and needs of the child.
Modifications of Support Orders
Courts permit modification of child support based on a substantial change in circumstances, such as loss of a job.
Enforcement of Support Orders
Child support that is not paid may result in wage garnishment or other legal consequences.
Education and Extracurricular Expenses
Split costs for education, extracurricular activities, and college-related expenses.
Healthcare and Insurance
Decide which parent pays for health insurance and medical expenses.
Domestic Violence and Protective Orders
Filing Protective Orders
Victims of domestic violence can obtain protective orders against abusive family members.
Emergency Custody Orders
Courts can immediately change the custody arrangement for the protection of the child.
Counseling and Rehabilitation Programs
Courts often require perpetrators to undergo anger management or rehabilitation programs.
Safe Visitation Arrangements
Visitation centers supervised by courts provide a safe environment for children when visiting an abusive parent.
Enforcement of Protective Orders
Violation of restraining orders is punishable through criminal penalties.
Property and Asset Disputes
Division of Real Estate
Determine which spouse will remain in the marital home or sell it.
Division of Business Assets
Determine how family businesses are valued and divided.
Retirement Accounts and Pensions
Distribute the retirement savings saved during the marriage.
Valuation of Personal Property
Distribute valuable items like jewelry, art, and automobiles.
Debt Responsibility
Allocate responsibility for credit card debt, loans, and mortgages.
Post-Divorce and Enforcement Issues
Modification of Custody Orders
Custody orders may be modified if the circumstances change drastically.
Enforcement of Divorce Decrees
Courts force compliance with orders regarding property distribution, custody, and support.
Co-Parenting Counseling
Courts may suggest or order counseling to enhance co-parenting relationships.
Contempt of Court
Failure to comply with court orders may lead to fines, penalties, or jail time.
Parental Alienation
Courts deal with cases where one parent tries to undermine the child’s relationship with the other parent.
Conclusion
Family law offers several ways to resolve disputes, keeping in mind fairness and the best interest of all parties, especially children. With these 40 points, families can better navigate the legal process and work toward resolutions that promote stability and harmony.
