“The family is the basic unit of the society and nothing is as important as having laws that safeguard it,” Joe Lemus, renowned lawyer in Attleboro says. Family law is a legal framework that focuses on issues regarding families, helping to solve issues and protect individuals within the family. There are significant times that might come up in the home from happy moments like marriage and child adoption to trying times like divorce to child custody and support. Whether you are planning a marriage, facing separation, or raising children, knowledge of the law is essential to make informed decisions or resolve disputes effectively.
Expert in family law, Joe Lemus delves into the basics of family law and important things you need to know to get you armed with the right knowledge in matters relating to family.
Marriage and Divorce
Marriage is the foundation of a family that is why many states require the couple to be at least 18 years before they can tie the knot. The parties are also not expected to be related closely by blood and they should be matured enough to understand the intricacies of what they are diving into. You also need to get a marriage license which is issued by the state and a ceremony officiated by a legally recognized individual.
Premarital agreements, or prenuptial agreements, are contracts entered into before marriage. These documents outline how assets, debts, and other matters will be handled in case of divorce or the death of a spouse. This agreement is mostly entered into when one or both of the pirates come into the marriage with heavy liabilities or assets.
Then, there is dissolution of marriage through divorce when the married couple decides they do not want to be together anymore. “Divorce is not as easy as people think and there is a lot that goes into it,” Joe Lemus says. If the couple has kids, who will they live with, how do they take turns to be with each parent, how will property be decided? There is also spousal support to look into, Joseph adds.
Couples just don’t divorce, there are grounds in which divorce must take place. While some jurisdictions allow for fault-based divorces, requiring proof of misconduct, many places have adopted no-fault divorce laws, focusing on the irreconcilable breakdown of the marriage. There are also factors that can influence the outcome of the divorce. This includes the length of the marriage, the financial circumstances of both spouses, the presence and ages of children, and the overall standard of living during the marriage.
Child Custody and Support
When the couple with children decides to go their separate ways, they will have to sort out the child custody and support. However, child custody are of different types which include he legal custody, physical custody, joint custody, and sole custody. Legal custody involves decision-making power on matters such as education, healthcare, and religion, while physical custody concerns where the child stays or who the child stays with. Joint custody, where both parents share legal and physical custody, is often favoured, but sole custody may be granted in certain circumstances.
Joe Lemus says no matter what happens, the court will always prioritise the child’s best interest during custody. They will consider the child’s age, emotional well-being, relationship with each parent, and the stability of each parent’s home environment.
Child support is another critical component, ensuring the financial support of children after a separation or divorce. Child support covers expenses such as housing, food, clothing, healthcare, and education. The amount of child support is based on calculation and it puts into consideration the non-custodial parent’s income, the time the child spends with each parent, number of children, healthcare expenses and cost of childcare.
Adoption
Adoption is a legal process that establishes a parent-child relationship. Family law governs the procedures for adopting a child, including the rights of biological parents, adoptive parents, and the child. It also addresses the legal aspects of post-adoption matters. The adoption process can include background checks, court approvals, and when required, the termination of the biological parents’ parental rights.
Domestic Violence
Family law plays a crucial role in protecting victims of domestic violence. There are different types of domestic violence which can be types of domestic violence which can be physical abuse such as hitting, kicking, or using weapons. Emotional abuse such as degrade, humiliate, or isolate a partner, including verbal abuse, gaslighting, and threats. Sexual abuse such as forcing or coercing a partner into unwanted sexual activity. Economic abuse such as controlling a partner’s financial resources, preventing them from working, or denying them access to money.
Family law provides legal remedies such as restraining orders, custody modifications, and protective custody to ensure the safety of victims and their children.
Property Division
The equitable distribution of marital property is a significant aspect of divorce proceedings. Family law determines how assets and debts acquired during the marriage are divided between spouses. This can involve complex valuations and negotiations.
Paternity and Child Support
Establishing paternity is essential for determining child custody, visitation, and child support obligations. Family law provides procedures for paternity testing and for enforcing child support orders.
Elder and Family law
As people age, family law intersects with elder law. Issues such as guardianship, conservatorship, and estate planning become relevant. Family members often play a crucial role in caring for elderly relatives, and family law can address their legal rights and responsibilities.
Joe Lemus says you need to know that family law varies significantly between jurisdictions. The laws and procedures governing family matters can differ from state to state, and even from country to country. Therefore, seeking legal advice from an attorney is essential to understand the specific laws applicable to your situation.
