Overview Of Domestic Relations Law

Legal Aspects of Domestic Relations

Domestic relations law covers the dissolution of marriages through divorce or annulment. Divorce can be a difficult time for people both emotionally and financially. Obtaining consultation regarding domestic relations laws is one way to take some of the stress out of an already complex and emotionally tense situation. Each state has unique laws and consulting a professional family law attorney or legal aid representative will enable parties going though a divorce or other marriage dissolution to fully understand their rights and responsibilities. While the separation of a marriage is never pleasant, understanding the legal proceedings can simply the process.

Court Proceedings Involved in Domestic Relations Law

Domestics relations law covers many different aspects of divorce. Property settlement, tax status and child custody are just some of the issues that may need to be addressed when dealing with a dispute. Seeking help for legal advice will provide an objective, educated opinion that can facilitate the entire process. Court proceeding involving domestic relations law may include:

* Divorce – Divorce constitutes the legal dissolution of a marriage. If a divorce settlement is agreed upon by both sides, it is possible to have an uncontested divorce. Uncontested cases are much simpler and are completed more quickly than contested divorces. In a contested divorce, the married couple has not agreed to a settlement and requests that the court decide how the marital assets should be separated. Many states encourage couples in contested divorce situations to see a mediator before coming before the court. It is the job of the mediator to negotiate with both sides to try to come to an agreement before a trial is necessary.

* Child Custody Disputes – One of the most frequent causes of contested divorce settlements is arguments over who will assume custody of the couple's children. Court involvement is often required to settle these domestic relations disputes and decide on custody terms. Custody terms include which parent the children will live with, and also what type of visitation is allowed to the other spouse.

* Financial Compensation – Another hotly debated domestic relations issue is alimony and child support. Alimony is a monetary award designed to require one spouse to pay a certain amount of money toward the other spouses living costs. Child support is the responsibility of both parents, and court involvement is often required to set the amount each parent is required to pay in support of their children.

* Division of Property – The assets collected over the period of a couple's marriage may also require attention in court if the couple cannot amicably decide how to divide them. Whether assets are physically divided or liquidated is often at the discretion of the court.

* Tax Issues – While not generally covered in most divorce proceedings, legal help with domestic relations laws should also cover consultation regarding changes to tax status due to divorce. Alimony, child support and property settlements can have a significant effect on your taxes.