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Understanding Family Law

Family law covers legal matters involving spouses, parents, children, and other family relationships. Because every family is different, there is no single approach that works for every case. The circumstances of the parents, children, finances, property, and existing agreements or court orders can all affect how a matter will be handled.

Divorce

Depending on the circumstances, spouses may need to address property, debts, finances, support, and issues involving their children. Some divorces can be resolved through an agreement between the spouses. Others involve disagreements that require negotiation or court intervention.

Child Custody & Parenting Time

When parents separate or divorce, determining how major decisions will be made and how children will spend time with each parent can become one of the most significant parts of the case. Custody and parenting arrangements involve issues such as living arrangements, parenting schedules, holidays, transportation, education, healthcare, and decision-making responsibilities. The specific circumstances of the family and the best interests of the child are important considerations in custody-related matters.

Child Support

Child support is intended to help provide for a child’s financial needs. The amount and responsibilities involved can depend on factors established under applicable law and the circumstances of the parents and children. Changes in income, parenting arrangements, or other significant circumstances may also create questions about whether an existing support order should be reviewed or modified.

Property & Financial Matters

Divorce often requires spouses to address the division of assets and debts accumulated during the marriage. These issues may involve homes and other real estate, vehicles, bank accounts, retirement accounts, investments, businesses, personal property, loans, credit cards, and other financial obligations.

Carefully identifying and evaluating marital property and past or present financial responsibilities is necessary to reaching a fair and workable resolution.

The Family Law Process:

1. Initial Consultation

The circumstances of the family and the legal issues involved are reviewed. This provides an opportunity to understand your concerns, priorities, and available options.

2. Filing & Response

When court proceedings are necessary, the appropriate documents may be filed and provided to the other party. The responding party then has an opportunity to address the requests made in the case.

3. Information & Documentation

Financial records, parenting information, property documentation, and other relevant information may need to be gathered and exchanged.

4. Negotiation or Mediation

Many family law matters can be resolved without a trial. The parties may negotiate directly through their attorneys or participate in other dispute resolution mechanisms, such as mediation or a judicial settlement conference.

5. Court proceedings

When important issues cannot be resolved by agreement, the court may hold hearings and consider evidence and arguments from each party.

6. Final Resolution

A case may conclude through a negotiated agreement or a decision by the court. It is imperative to include all important details in the final orders in order to establish clear responsibilities regarding divorce, custody, parenting time, support, property, and other matters involved in the case.