Family law isn’t something that most people look forward to because who really wants to think about issues in their household? However, it is crucial to learn about family law. You never know when things may go downhill. And if the worst-case scenario presents itself, being aware of the laws will help you be more prepared for what you’re getting into.
Whether you’ve found yourself in a complicated situation or just want to increase your awareness, here are the 8 tenets of family law explained to make things easier for you.
The 8 Tenets of Family Law Explained
A lot of people seem to believe that family law revolves around divorce, child custody, and domestic abuse. But that’s now the case. There are a number of things that are covered in family law that reflect the key concepts of privacy, contract, conjugality, and parens patriae.
Following are the main tenets covered in family law.
· Prenuptial Agreement
Before a couple signs the marriage certificate, it is recommended to sign a prenuptial agreement. This is an agreement both the parties make before getting married to prevent any issues in case of divorce. However, due to its nature, a prenup often gets a bad reputation. Most people don’t like to think about divorce while getting married and may even take offense if their partner suggests this agreement. At the same time, one never knows how things turn out. If worse comes to worst, a prenuptial agreement can prevent things from getting uglier.
More often than not, family law attorneys are referred to as divorce lawyers. This is because most of the issues revolve around divorces. In most cases, divorces can get messy and chaotic. Family law specializes in sorting this mess and keeping things as clean and respectable as possible. This is also why it is recommended to always get a prenuptial agreement before getting married, as it can make things easier for both the parties.
· Child Custody and Support
If a divorcing couple has children, this would be the first topic that is brought up during the hearings. Child custody can be very complicated to deal with, especially if both partners are fighting for it. However, irrespective of who gets the custody, the family courts generally ensure that both parents share the responsibility of the children - whether physically or financially.
Depending on the unique circumstances of the soon-to-be-divorced couple, one partner may be eligible to demand spousal support. More commonly known as alimony, this is a form of financial security for people who have been legally married in the past. Various factors are taken into consideration while deciding the alimony, including length of the marriage, spousal age, custody situation of the kids, the needs and contributions of each partner, acquired assets, the standard of living prior to the divorce, cause of separation, and prenuptial agreement.
Even if the marriage has ended, that doesn’t mean that everything is sorted out between the ex-couple. In some cases, one or both spouses may fail to comply with the terms of settlement agreed upon during the divorce hearing. If either of the spouses is having issues, they can file a case against their ex-partner in the family court. The judge may amend the conditions depending on the current situation or take action against the spouse who failed to comply with the terms.
· Domestic Violence
While some divorces are mutual and amicable, things aren’t always that easy. In some unfortunate cases, one of the partners seeks separation due to domestic violence. Generally, domestic violence is a more severe case that must be handled by a more powerful legal system. Nevertheless, if you or your children have been a victim of domestic violence, seeking help from a family court can be an effective first step.
Though family law mainly deals with divorce, it isn’t the only aspect it addresses. If a minor is seeking emancipation from one or both parents, they may seek help from a family attorney as well. Through the process of emancipation, a minor can assume the responsibility for their own well-being and legally separate themselves from their parents. However, there are some conditions around this process, and not every minor may be eligible for emancipation.
In case a couple or a single person adopts a child, they would have to undergo a legal process to take the child’s legal custody. This is another process that is commonly handled by a family attorney. However, in most cases, this is one of the easier things that people seek help from a family court for. As long as you can prove that you are able to take care of the kid, there are a few issues you may encounter during the process.
Consult a Family Law Attorney
Irrespective of why you’re seeking a family attorney, it can be a difficult process to endure. No matter what the issue is, it can be mentally and physically taxing to deal with. Therefore, it is necessary to consult a lawyer that is experienced yet compassionate.
At Huston Law, we have experienced lawyers who understand all the tenets of family law. We will guide you through the entire process and will also assist you in drafting a contract. Get in touch with us for a no-obligation consultation today.