Sunday, April 8, 2012

All You Wanted to Learn About Family Law




It involves family-related issues such as marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse, divorce, annulment, property settlements, alimony and parental responsibility. Family law is a range of laws governing: Children's rights to proper parenting; Parental responsibilities towards children; Marriage, the annulment of marriages and divorce The property rights of spouses; The property rights of people in domestic relationships; The property rights of the creditors of a person in a relationship; The personal rights of other people, that may be affected by decisions on the property rights of people in relationships; The obligations of parents to financially support their children and their (former) partners; The responsibilities that can be given to extended relatives, etc of children. An experienced family law lawyer can provide you with advice on family law. Most areas of family law across the United States is based on state law. Some areas of family law are regulated by federal law:



25 U.S. Code, Chapter 21 - Indian Child Welfare Act 28 U.S. Code, Section 1738A - Full Faith & Credit Given to Child Custody Determinations 42 U.S. Code, Section 620 - Adoption Assistance and Child Welfare Act of 1980 42 U.S. Code, Section 11601 - International Child Abduction Remedies Act 42 U.S. Code, Section 1983 - Civil Rights of Children 42 U.S. Code, Chapter 132 - Victims of Child Abuse 42 U.S. Code, Chapter 6 - The Children's Bureau 42 U.S. Code, Chapter 67 - Child Abuse Prevention & Treatment & Adoption Reform Act 42 U.S. Code, Chapter 7 - Social Security Act 42 U.S. Code, Section 620 - Adoption Assistance & Child Welfare Act of 1980 A legal marriage can be formally dissolved through a divorce. State law governs the rules of divorce in the United States. Generally certain residency requirements must be fulfilled before a divorce petition can be filed. The three forms of divorce are: Absolute Divorce – a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony in which both parties' status becomes single again.



Limited Divorce – commonly referred to as a separation decree. Several state laws have a provision for limited divorce. In a limited divorce, the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered. No Fault Divorce – No fault divorce does not require proof of fault. The parties can petition for a divorce on the ground that the marriage is no longer workable. In case of a divorce, the court also has to decide on the issue of property division. A court can order one spouse to pay alimony. There are three kinds of spousal support: Permanent alimony – the paying spouse continues till death or until the spouse receiving payments remarries. Temporary alimony – the payments are made over a short interval of time so that the receiving spouse can stand alone once again. Rehabilitative alimony – is paid to help a spouse with lesser employability or earning capacity becomes adjusted to a new post-marital life. If the couple had children together while married, the court may require one spouse to pay child support to the spouse with custody.


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