Family law encompasses many areas, including marriage, divorce, child custody and related matters. Each state’s regulations can differ in this regard.
Hiring a family law attorney is an invaluable way to navigate the complexities of this complex area of law and ensure your rights are upheld. FindLaw can connect you with an experienced family lawyer in your locality.
What is a Family Law Case?
Family law cases encompass any legal issue concerning families and relationships. This could include matters such as divorce (dissolution), child custody, support payments for both spouses, property division and any other disputes between partners in relationships.
Courts typically handle these cases through Family Courts or similar agencies in each county, which have limited jurisdiction for matters pertaining to children and families. Some counties also feature probate courts which oversee guardianship or incompetence hearings that don’t fall under Family Court jurisdiction.
Certain cases require both parties to attend an emergency hearing for immediate emergency orders (ex parte) or temporary orders that protect people and/or property; typically held without the other party present; other cases may require formal trials that can last many months to resolve.
Divorce
After any marriage ends through divorce or dissolution (also referred to as “legal separation”), there can be legal considerations related to custody and property division that must be addressed. Sometimes mental health professionals must also be brought in as needed for assistance.
Hostile or vindictive decisions made during a divorce process can have lasting repercussions for children. Therefore, it is vital that both parties involved act rationally, prioritizing the best interests of their child over their personal feelings toward one another.
Before laws ensured equitable property allocation between spouses, many divorce statutes favored wage earners over homemakers and child raisers – which disproportionately affected women who traditionally had more of the burden for childrearing and homemaking duties than most men did. It also contributed to creating gender wage gaps by making it harder for women to reenter the workforce after experiencing divorce.
Child Custody
Children are the centerpiece of family law disputes. Parents may disagree about custody and visitation issues even if they don’t plan to divorce; children benefit most when parents can reach their own agreements about parenting time and decision making.
If New York is considered your child’s “home state”, a court can make custody or visitation decisions without filing for divorce. They will consider all factors relevant to his/her best interest when making this determination.
Non-parents can file for custody if they can demonstrate “extraordinary circumstances,” such as abandonment, neglect or unfitness on behalf of either parent. Parents can seek mediation before the court to work out an acceptable parenting plan; otherwise they will go before a judge or referee for trial proceedings.
Child Support
Child support payments are an integral component of helping parents meet the needs of their children. The process begins with a petition filed by the custodial parent seeking an order compelling the non-custodial parent – often called the “respondent” – to pay child support payments.
After this hearing is held before a “Support Magistrate”, an amount will be determined that respondent must pay as child support. The magistrate takes into consideration both parties’ incomes and expenses as well as testimony from witnesses to arrive at his or her decision.
Family Court has broad jurisdiction to enforce support orders, such as jailing the non-custodial parent for contempt if they fail to make payments as ordered. A non-custodial parent can file a petition to terminate an existing order when their child becomes emancipated, moves in with one parent, or marries another person.
Property Division
Property division is an integral component of many family law cases, serving as the mechanism by which assets and debts are distributed between spouses after divorce or separation. Assets range from real estate, vehicles and bank accounts to retirement savings accounts.
Before engaging in any disagreement over assets, it’s crucial that both partners understand the laws surrounding property division. The first step should be identifying which assets belong to either spouse and which assets should remain separate property – typically, separate assets remain with their original owner until mixed with marital assets; an inheritance might become marital when used to improve an already owned house before marriage.
An experienced Bergen County family attorney can assist individuals with understanding their rights and negotiating an equitable property division arrangement that best meets their needs.
