• Family Law

    family lawFamily law is the area of law that covers the legal relationships of family members. Family law deals with issues such as adoption, divorce, and child custody. State law governs family relationships and, consequently, family law differs from state to state. Things like property settlements and child support are also part of family law. Family law matters are handled by the states because the Constitution did not give the federal government the power to regulate family life.

    Family law is an area of the law that encompasses many different arenas. The scope can cover any topic that pertains to a family. Some areas are: adoption, divorce, child custody, assisted reproduction, and family violence. Each of these areas can also be subdivided depending on the issues. For example, the topic of divorce can encompass child custody, the division of assets, managerial conservatorship, where the home state or jurisdiction is located and more. This area can be said to be one of the most emotional areas of law as these topics are very personal and feelings run deep.

    Family law is always in high demand as there is a high divorce rate, which will lead to issues previously described. Additionally, with the advent of people living together and not being married, there will be issues as to the division of property should they split up. Some jurisdictions will recognize common law marriage, which is when two people behave like a married couple, but are not married. This recognition will impact the division of property, medical benefits, as well as inheritances. Also, with the changing tide in the recognition of same sex marriage, the family law area will need to be able to litigate and take those new factors into consideration. This will include adoption, child custody, beneficiary rights, and social security rights.

    Another area that is popular for family law attorneys are the drafting of prenuptial agreements. This is when a contract is drawn up before a couple get married that outlines what the division of property would be should the marriage fail. It can cover areas such as previous held assets, religious views, and how to protect assets from creditors should a divorce happen. Because of the high rate of divorce, prenuptial agreements are becoming more common place.
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