Family Law” captivates viewers with its captivating stories and filming locations, yet what is family law exactly?
Family Law encompasses any area of law related to familial relationships. This may involve matters such as divorce, custody and prenuptial agreements as well as guardianship and adoption proceedings.
Divorce
Divorce is the legal dissolution of marriage, often with long-term implications on all members of both families involved.
Knowledgeable attorneys can guide their clients through all aspects of divorce-related legal issues such as property division, alimony payments, child custody arrangements and visitation rights. Furthermore, they may advise clients on alternative dispute resolution processes like mediation and collaborative family law that can assist them during this challenging period.
Attorneys representing high-asset divorce cases may utilize specialists like business valuators and forensic accountants in order to facilitate an equitable distribution of assets, negotiate on behalf of their client in court if necessary and ultimately reach an equitable result that benefits all involved parties involved in the dispute.
Custody
Courts’ primary priority when considering child custody cases is protecting and promoting the best interests of each child, which includes their health, safety and emotional well-being. Furthermore, they consider each parent’s lifestyle choices, stability and ability to care for the child in an effective way.
Lawyers can assist with all aspects of custody proceedings, from document preparation for court hearings and providing legal advice through to visitation petitions and emancipation – these legal proceedings often have long-term ramifications on entire families and are emotionally challenging; sometimes financial issues even necessitate expert witnesses being called in as witnesses.
Adoption
Adoption is a legal process which establishes parent-child relationships between unrelated people or within families. Each state’s laws determine who can adopt, with some placing restrictions on who may or cannot adopt.
Some states restrict adoption to married couples only, or may place other restrictions such as age and gender restrictions on those adopting. Many also have waiting period and/or rehoming requirements in place. Furthermore, emancipation is an integral component of family law which allows individuals to legally separate themselves from their parents or guardians through court orders and legally separate themselves from them legally.
Prenuptial Agreements
Prenuptial agreements are an integral component of family law that allow couples to establish rules regarding property management during marriage and its division upon divorce. Prenuptial discussions provide an invaluable opportunity for spouses and their families to discuss financial expectations for the future in an open manner.
Prenuptial agreements provide couples with a way to identify assets, establish who gets what in case of divorce and set terms for spousal support. State laws will determine whether an agreement is legally enforceable – provisions which limit alimony payments or provide incentives for divorce may not be recognized; additionally if its creation was unfair it may even be invalidated in court.
Postnuptial Agreements
Postnuptial agreements, commonly referred to as “postnups,” are contracts created after marriage by spouses in order to establish how their assets and debt will be divided in the event of separation, divorce or death. They often address inheritance matters while potentially eliminating or limiting alimony payments.
Postnups can be created at any point after couples get married, though to be valid they must be entered into freely and knowingly without coercion or force from either party. They should also include clear terms with full disclosure of assets by both sides – an experienced family law attorney can be an invaluable ally when creating postnuptial agreements that will help avoid problems later on.
Child Support
New York child support orders are established via an in-person hearing before a Support Magistrate who takes into account both parties’ gross incomes and expenses; parents must submit documentation of these items. Once an order is set in motion it will automatically be reviewed three years later to consider possible adjustments before being paid through New York’s Support Collections Unit.
One parent can file a petition in Family Court in the county or borough where their child primarily resides and serve it on both parents; court hearings must then take place to address child support payments that cover more than just food, housing and clothing costs; such as extracurricular activities camps and entertainment costs.