What is Family Law and How is it Helpful?

Family law is an area of law, which is focused on solving family matters from a legal aspect, such as marriage, adoption, divorce or abuse.

Principles, statutes, and precedents have been developed from common law, and each state decides for itself. Some laws and norms that are determined by individual rules are how marriage affects the property, or what the minimal age for marriage is.

Legal cases in a family setting could be related to various things:

  • Marriage, as well as unions and partnerships
  • Adoption, Surrogacy; Child Custody; Child support; Child abuse
  • Divorce; Annulment; Property settling
  • Paternity testing/fraud

The majority of these proceedings are a product of divorce or problems in an emotional relationship, as well as matters concerning property, etc.

Attorneys play a huge role here, both in assessing and giving advice to a client, but as an emotional support as well, considering that the experience itself can be very stressful.

As I already mentioned, for example, property division cases, are regulated by state laws, but if a  couple does not agree with those rules, they can opt for a prenuptial agreement, which can be arranged with the help of an attorney.

Hiring an attorney, in this area of law might actually be the most profitable, as he can find incomes, that were hidden, or some information, that was not known, and can deny child custody or visitation. Without one, a party can be feeble, as it was difficult to keep in mind all rights, and options that could be used in court, considering that it is not pleasant to be there at all.

In family law area, there is also an option of settling disputes, with the help of a mediator.

Basically, a neutral person called a mediator helps two parties to reach an agreement, so they can avoid going to court and avoid a possibly very long trial. The thing is that if you actually opt for this option, the deals are not binding, as the process of mediation, is more or less informal, compared to a conventional trial.

Although some actually doubt that family law is efficient and has its purpose, expressing that it is in some way chaotic, there are few reasons why family law is important both to individuals and to state and community, as well.

  • Family law focuses on responsibility, mainly trying to indicate the responsibilities of one party to another, and also responsibilities between families and community, as well as states.
  • Family law protects rights of an individual, including the right to be equal (man and woman).
  • It can also be said that abuse, both physical and emotional would be on an even greater level if it were not for family law. Basically, the person that might be prone to abuse might not actually perform any actions of that type, knowing that there are a possible trial and adequate punishment. As of the trial in cases of abuse, not only child and ill-treatment between former partners counts as one, but also abuse towards an elder or roommate. Considering this, once the trial begins, judges typically issues a restraining order, so that possible contact could be prevented.

I must express that, without family law, and family attorneys, matters would be much more complicated to solve, both on material/property ones between close or distant family members.

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