The area of family law deals with such issues as divorce, child custody and support, alimony, paternity, and adoption.
Divorce
Divorce is defined as the dissolution of a marriage by judicial decree. The two main types of divorce are called absolute divorce and limited divorce.
- Absolute Divorce is granted on the basis of marital misconduct or a finding that the relationship is not workable (also known as no-fault divorce). In an absolute divorce, the marriage is completely dissolved and both parties are legally unmarried again.
- Limited Divorce is a separation of the two parties that terminates cohabitation. The marriage is not dissolved and the parties remain married to one another. Limited divorce is also known as “separation.”
Annulment
An annulment is another way to dissolve a marriage. If an annulment is granted, it treats the marriage as though it never existed. Grounds for annulment include:
- Misrepresentation or fraud — this can include: lying about already being married.
- Concealment — examples of concealment include: concealing a felony conviction, concealing an addiction, and concealing a sexually transmitted disease.
- Inability (or refusal) to consummate the marriage.
- Misunderstanding — an example of a misunderstanding would be that one party thought that the other wanted children when, in fact, they did not.
Alimony
Alimony is defined as payment from one spouse to another for support after divorce or separation. Alimony can be paid on a monthly basis, or in a lump sum if allowed by the state.
Paternity
In family law cases, paternity refers to the determination of who the father of a child is in order to arrange child support payments and custody. There are several types of fathers that maybe be required to pay child support. They include acknowledge father, presumed, equitable and unwed father.
Child Custody
When a married couple with children files for divorce, custody of the children is determined in a court of law. There are four main types of child custody. They include:
- Legal Custody
- Physical Custody
- Sole Custody
- Joint Custody
Child Support
Child support refers to the obligation of a child’s parents to pay for his or her upbringing. Child support does not discriminate between genders — a father who has custody of a child is entitled to child support just as a mother who has custody of a child is entitled to the same support.
Adoption
Adoption refers to the process by which an adult becomes the parent of a child who is not biologically his or her offspring. There are five main types of adoption. They include:
- Agency Adoption
- Independent Adoption
- Identified Adoption
- International Adoption
- Relative Adoption
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Family Law Lawyer
If you are interested in learning more about divorce, alimony payments, paternity, child custody, child support payments, adoption, or other aspects of family law, you may want to contact a family lawyer for more information.
