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Brief Introduction

Family Law is the body of law that governs domestic issues. It contains the adoption, child support, children custody, child right’s and visitation, marriage and pre-marital agreements, separation agreements, divorce, military divorce, marital property division, spousal support alimony, elder law matters, general estate planning, cohabitation agreements, and other legal issues and problems that pertinent to the family.

The specifics of the law will vary depending on the situation, but generally the aim is to protect each individual's rights within the context of family. For instance, divorce law will address how property is divided and who will pay spousal support when a married couple separates, while child custody law will help determine what is in the best interest of a child when parents separate. Family-related legal issues can also apply to non-married couples, same-sex couples and other domestic partnerships wherein a legal relationship is established. Domestic violence is another aspect of family law, but one that goes beyond the rest. Domestic violence can have very serious impacts on a victim or victims, but can also subsequently affect other family-related issues such as divorce or child custody, for this reason it will often fall under the umbrella of family law. However, given the violence involved, it can also be considered a criminal offense and thus a matter of criminal law.

Generally, however, family law matters will be dealt with in one of three ways. When it comes to child custody or child support disputes, the most favorable option is for two parents to settle the matter out-of-court and amicably. When this is not possible, the matter will be settled in what is known as Family Court; and a third option is mediation, where couples can handle their disputes with the help of a mediator in order to avoid the stress of court.

To learn more about the different types of law governing family matters, and for tips on when and how to hire a family law attorney, see the articles and answers to frequently asked questions in this section.

 





 
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