Jan 30, 2015

Posted by Shanell Calloway in Uncategorized | Comments Off on What constitutes family law?

What constitutes family law?

All matters which pertain to family are covered by family law; these matters include marriage, divorce, adoptions, pre and post nuptial agreements, child support and support modification along with property settlement agreements and more.

Perhaps of all the matters that pertain to family law divorce is the most common. As every jurisdiction has slightly different laws and legal interpretations that apply to divorce proceedings it is very important that a family law attorney be fully cognizant of these laws as they apply so that the client can be fully informed of their rights, privileges and options. In some areas a divorce can be completed with minimum expense and no courtroom appearances however, when there are minor children involved or the couple have accrued significant marital assets the divorce may become contentious and a Boise family attorney will have to spend a lot of time as well as effort in support of the client, ensuring that his or her client is not taken advantage of by the opposing partner.

In many divorce cases the most contentious issue is the division of the various properties that was acquired during the term of the marriage. Property that each spouse brought into the union is not in dispute, only property which is considered to be jointly owned. Along with their respective attorneys it is often possible to make a reasonably quick decision on who gets what but this is not always the case and if the couple and their attorneys cannot resolve the issue it will be resolved in court. Going to court is expensive and the legal fees will be increased accordingly, it is often not worth the result.

In the event there are children from the marriage and the children are still minors it is extremely important that all matters pertaining to custody, the rights of the non-custodial parent when it comes to visitation along with a child support agreement. If the custody cannot agree on who should be given primary custody this will go to court and the respective attorneys will put their clients case forward for judicial consideration. The court is not genuinely interested in anything but the welfare of the children; the court cares little about which parent is granted custody as long as it is in the best interests of the children. It is after custody has been established that child support will be determined and approved by the court.

Although divorce is by far the most common way for a couple to end their marriage it is not the only way. A marriage can also be terminated by having it annulled, the Boise family attorney will claim that the marriage was not valid in the first place and as a consequence the marriage could never have happened. In an annulment, if it is approved there is no evidence that a marriage ever happened.

Family law is quite complex and invariably requires the skills of a seasoned Boise family attorney to ensure that the clients rights are protected. You are invited to contact Finch ~ O’Neil Law Office to discuss your situation in greater detail.

 

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