General Family Law Questions
What is family law? Family law involves legal matters pertaining to family relationships, such as marriage, divorce, child custody, and support.
Do I need a lawyer for family law cases? Although not required, a lawyer can ensure that your rights are protected and that you go through the process correctly.
How are family law cases resolved? They can be resolved through negotiation, mediation, arbitration, or court proceedings.
Read Also:
- https://swiftlawadvisor.com/20-important-facts-about-divorce-and-custody-laws-2/
- https://swiftlawadvisor.com/25-tips-for-handling-family-law-disputes-peacefully-2/
- https://swiftlawadvisor.com/40-family-law-rights-you-should-be-aware-of-3/
What is mediation in family law? Mediation is a process wherein a neutral third party helps parties in dispute settle their case out of court.
How long does a typical family law case take? It depends; uncontested cases can take weeks, but contested cases might take months or years.
Marriage and Divorce
What is a prenuptial agreement? A legal contract signed before marriage outlining the division of assets and responsibilities in case of divorce.
How is property divided in a divorce? Depends on state laws (equitable distribution vs. community property).
What is no-fault divorce? A divorce where neither party needs to prove fault or wrongdoing.
Can I get divorced without having to go to court? Yes, if both parties agree on all terms, the divorce can often be finalized without a court appearance.
How is spousal support determined? It depends on factors like income, duration of the marriage, and financial needs of each party.
Child Custody and Support
Legal custody is the right to make important decisions about a child’s upbringing, such as education and medical care.
Physical custody determines where the child lives and who provides daily care.
What does “best interests of the child” mean? It’s the standard courts use to make custody decisions, prioritizing the child’s well-being and stability.
Yes. It can be changed if circumstances significantly change.
How is child support determined? In most states, it’s calculated based on income, a child’s needs, and how children are to be cared for.
What if a parent does not pay child support? The court can make wage garnishments, impose fines, or jail a parent who doesn’t pay child support.
Can grandparents get custody or visitation rights? In some cases, courts may grant rights if it’s in the child’s best interests.
Do unmarried parents have the same custody rights? Generally, the mother has initial custody until the father establishes paternity.
What is supervised visitation? Visits between a parent and child that occur in the presence of a neutral third party.
Can a parent move with the child? Moving usually requires a court order or the other parent’s permission.
Domestic Violence and Protection
What is a restraining order? A court order that protects someone from harassment, abuse, or threats by another person.
How does domestic violence affect custody decisions? Courts take into account domestic violence when deciding custody, and frequently prioritize the safety of the child.
I am a victim of domestic violence; can I get divorced? Yes. The court can issue protective orders during the divorce process.
What is an emergency custody order? A temporary order to protect a child from harm or danger.
Adoption and Guardianship
How do I adopt a child? This involves a petition, completion of a home study, and then court approval.
Can a stepparent adopt a stepchild? Yes, if the other biological parent consents or their parental rights are terminated.
What is legal guardianship? A court order where someone besides the parent is responsible for taking care of a child.
Other Family Law Questions
What if a spouse is hiding assets in a divorce? Courts can fine and modify settlements if hidden assets are found.
Can a child decide which parent to live with? In some states, courts take preferences from older children, yet ultimately decide what’s in the best interest of the child.
Collaborative divorce: It’s a process whereby both parties work together with their lawyers to try to settle on things without going to court.
