What is Family Law?

Many people may not understand exactly what family law means or what it entails. Family law involves more and goes much further than simply handling divorce proceedings and legalizing the end of a marriage. From overseeing mediation to determining child custody plans and maintenance payments, a good family law firm can and will handle all of these facets.

Mediation

An important piece when it comes to conflict resolution, is the option to mediate prior to fully “lawyering-up.” Mediation is an intervention by a third party with an attempt to resolve a dispute before it continues on. When it comes to mediation, you can utilize it in several circumstances. Often, mediation is a tool that can be helpful prior to filing for divorce or separation so spouses may sit down with an impartial individual and hammer out their differences. Before jumping into divorce litigation, our family lawyers can sit down across the table from you and your spouse and find a resolution to disputes prior to entering into the arena of divorce and custody disagreements. This is often far more desirable for families who are unclear of what options are available to them or see divorce as a last resort.

Legal Separation

Sometimes marriages dissipate, but spouses see a benefit or moral obligation in staying together in some capacity. This is where a legal separation comes into play. Rather than completely ending a relationship, legal separation is a solution which allows a couple to be apart and separated while still having legal connections to each other. Separation agreements allow couples who have a religious belief against divorce to uphold their faith. This option also allows spouses who have the desire to continue receiving tax benefits or keep a certain social security and pension plan. There are several forms of legal separation, which include:

  • Trial Separation: this is a trial period for spouses who are still unsure if a separation or divorce is right for them. Rather than having everything take effect immediately, this gives spouse a set amount of time (six months, a year, etc) to see if it is right for them.
  • Full Legal Separation: this is when a separation takes full effect. Rather than trying to live apart, filing for divorce, or another path, this sets separation in stone and gives spouses the ability to be apart while still holding on to some of the benefits that come with a marriage.

Child Custody

Couples who have children are just as likely to find themselves in a divorce as those who do not. When this occurs, the custody of the children will be one of the first things to come into question.  If and when a divorce is finalized, the child or children of the now separated couple will go with one or the other. Whether you are dealing with issues such as how to split up visitation time, proper amounts of maintenance payments, or who gets the legal custody of your children, a child custody lawyer Phoenix AZ relies on can help.  They understand just how much of a shellshock this can be for a child as well as the ins and outs of child custody law and visitation issues and can ensure you and your young ones are fully prepared for what a divorce or separation may bring with it.

Don’t be overwhelmed if you are looking for a lawyer to handle any and all of your child custody and family law issues. Don’t go through a divorce or family law issue alone; trust us to help you achieve the best outcome for you and your family.


HLThanks to our friends and contributors from Hildebrand Law for their insight into family law practice.

Posted on March 27, 2017 @ 3:06 pm

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