Divorce Law And Family Law

Posted in Legal Information - Family Law

Divorce Law And Family Law – What Issues You Should Talk To Your Family Attorney About

by Yolanda Young in Divorce

While the issues contained in any family law case will depend on the specific facts of the case, there are a few general categories into which each of those issues can be placed. Make sure that you seek advice from your family law attorney about the following subjects:

1) Divorce Grounds

It used to be that divorce could only be granted when one person did something wrong (i.e. committed adultery, abused their spouse, etc.). However, nowadays most divorces are granted on non-fault, such as separation for a statutorily mandated period of time (usually one or two years). That being said, many states still allow divorces based on fault grounds, such as adultery, domestic violence, cruelty of treatment, and actual or constructive desertion, among others.

2) Custody/Visitation

Issues pertaining to children are often the most heated of any involved in family law cases. Most jurisdictions look to the best interest of the child when deciding custody. Even when the parents agree on custody and visitation arrangements, the state still has an interest in making sure that the agreement serves the best interest of the child. Therefore, the parents will still need to prove to the court that their agreement is a good one. The best interest of the child is determined based on various factors, all of which are geared towards helping the court make its decision, all with the child in mind.

3) Child Support/Child Support Guidelines

Support of children is determined per various child support guideline statutes, which are presumed to result in the correct amount of support. Guidelines statutes take into account different factors depending on the jurisdiction. Also, most states allow for deviation from the guidelines, depending on various aspects of the specific case.

4) Distribution of Property

Property division systems, and the ideas behind them, are perhaps the most variable statutes depending on jurisdiction. A small number of states are community property states, usually meaning that each piece of property (except those acquired by gift or inheritance) is owned 50/50 by each spouse regardless of who actually bought or has title to the property. Non-community property states typically look at property according to title. In both types of systems, property is usually divided equally or equitably. It is important to note that equitable division does not necessarily mean equal division.

5) Alimony/Spousal Support

Alimony and spousal support are often used interchangeably, and refer to monies paid from one spouse to the other for the purpose of supporting that spouse. Alimony statutes differ depending on the jurisdiction and often include provisions for temporary, rehabilitative, and permanent types of spousal support.

6) Fees, Costs, and Suit Money

Fees associated with even the simplest family law cases can be quite high, and increase exponentially as the case becomes more contested. Attorney fees, court costs, and suit money for expert fees, subpoenas, etc. are many times a hot topic throughout the litigation. More specifically, the question becomes who is going to pay for those fees. Many jurisdictions take the approach that whoever is at fault for the litigation should take at least some responsibility for the payment of fees. Others award fees when one party takes an unreasonable stance in the case. Still others rarely award fees and costs to anyone.

These six issues are the general subjects decided during by a typical family law case, if there is such a thing. Of course, the number of these issues that need to be decided vary depending on the specific facts of the case. Additionally, when and for how long these issues will be decided depend on the jurisdiction and the facts of the case.

Divorce and family laws vary depending on your state. If you need family law help in DC or Maryland, you should find a DC family lawyer or Maryland family attorney.

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