Understanding Family Law: What Falls Under This Legal Category?

Going through legal proceedings that impact your family can be extremely stressful.

Whether it’s divorce, child custody, or adoption, family law encompasses many different legal actions that can affect your loved ones.

The Truth…

However, family law includes so much more than divorce! There are many different legal categories that fall under family law that people deal with every day.

Let’s learn more about family law and what legal cases fall under that category.

What You’ll Learn:

• What Is Family Law?
• The Different Types Of Family Law Cases
• How To Find Family Law Legal Assistance
• Family Law Case Proceedings

What Is Family Law?

Family law is defined as a legal practice that deals with issues that involve family relationships.

These relationships can include married couples, children, adoption, divorce, and more. Family law is one of the most practiced law categories in the U.S.

So, how many family law cases are there?

According to Clio’s legal industry report, 3.76 million family law cases are administered by state courts annually.

With that many cases, it’s no wonder people question what other categories fall under family law.

Family lawyers can assist with any questions you may have about your case. There are family law office locations throughout the country that can assist you. If you are searching for family law near me, or you already know the law firm you want to work with, the right legal support makes all the difference.

Family cases can include any legal actions that affect:

• Marriage
• Children
• Support
• Property
• Abuse

That’s a lot of areas for one law category to cover.

Each of these topics contains different aspects of family law cases that are handled by courts daily.

The Different Types Of Family Law Cases

Now that we have a basic understanding of what family law is, let’s discuss different family law cases.

Divorce Or Separation

Divorce is one of the most common cases in family law.

If a married couple no longer wants to be with their spouse, they will need legal help to divide their assets, determine custody, and more.

Did you know that not all divorce cases go to court?

Many divorcees seek help through mediation or collaborative divorce to avoid lengthy and costly court trials.

Divorce legalities can include:

• Who gets the marital property
• Who gets custody of the children
• Allocations of debt
• Division of retirement funds

Some divorces are more complicated than others.

If a couple has been married for many years and has children and assets together, the divorce will be much lengthier than if they were only married for a year and never had children.

Child Custody And Visitations

Child custody battles are some of the most difficult situations in family law.

Determining where the children are going to live and who they will spend their time with can be very stressful for everyone involved.

The courts decide custody of children based on what they believe to be in the best interest of the children.

Fun fact: Research shows that 90% of custody cases are settled. The majority of custody cases are agreed on by both parents without going to trial.

There are different types of child custody and visitation. Familiarizing yourself with them can help you determine what you should be asking for.

• Joint legal custody
• Sole legal custody
• Physical custody
• Visitation

Child Support

Once custody is determined, the parents will have to figure out child support.

Every state has guidelines on how child support is determined.

Some factors that go into child support calculation are:

• Each parent’s income
• Number of children
• Custody exchanges

Once calculated, parents are obligated to pay support until their child reaches 18 years of age.

Child support can be adjusted if either parent’s circumstances change.

If a parent loses their job or if the child no longer needs to live with one parent over another, child support can be altered.

Adoptions And Guardianships

When a family decides to adopt a child, they are legally changing the child’s parentage.

The process of adoption terminates the biological parents’ rights and allows a different person or couple to become the child’s legal parents.

A guardianship is not the same as an adoption.

Guardianship allows a person to care for a child without terminating the parents’ legal rights.

Some common examples of guardianship would be:

• Grandparents taking care of their grandchildren
• Family members who take over if the parents become ill
• Foster care
• Military deployment

Like adoptions, guardianship requires legal help to process the correct documentation and court approvals.

Domestic Violence Protection

If you or a loved one is a victim of domestic violence, you can file a case to receive help from the family courts.

A domestic violence case can allow the courts to require the offender to move out of your home and live somewhere else.

They can also restrict them from coming near you, your home, workplace, and family.

Domestic violence protection can include:

• House evictions
• Standing up a distance away from your property
• No contact orders

Filing a case like this is very serious and can be the first step to protecting yourself or your loved ones.

How To Find Family Law Legal Assistance

Just like any other lawyer, you should always search for lawyers who specialize in family law.

Not all lawyers will help with your family law case.

Some family lawyers only help with divorce, while others may specialize in child custody cases.

When searching for legal assistance, you should look for:

• Experience with family law cases
• Someone who will return your calls
• Understandable fee’s
• Positive reviews
• Local family law offices near you

Always meet with a few lawyers before deciding on who you want to help with your case.

Family Law Case Proceedings

Every family case is different, which is why there is no general guideline of what to expect.

Some family cases can be resolved in a matter of weeks, while others can take years to settle.

However, most cases can involve:

• Filing your case
• Exchange of information
• Negotiations
• Trial

Working with a law firm can help guide you through each process.

Conclusion

Family law consists of many different legal categories that can affect you or someone you know.

Divorce, custody, adoption, support, and protection are some of the types of cases that come under family law.

Remember…

Millions of family law cases are filed every year. Having a basic understanding of what family law includes can help you determine if you need legal help.

Contact a family lawyer near you if you have any questions or concerns about your case.