What Are Examples Of Family Law Cases?
Some examples of family law cases that are handled by specialist family law firms are:
- Marriage cases
- Marriage dissolution (divorce, annulment, separation) cases
- Domestic partnerships cases
- Child custody cases
- Property division cases
- Spousal support (alimony) cases
- Domestic violence cases
- Other family law matters
1. Marriage Cases
These include:
- Advising a couple on how to obtain a marriage license
- Ensuring that the marriage is legally binding if it occurs in another country
- Consultation on same-sex marriages (laws vary per state)
- Preparing a prenuptial agreement, which many couples enter into before their marriage (such an agreement spells out how marital assets will be distributed if the marriage does not work out. The prenuptial agreement also lists out pre-marital or separate assets of each spouse that are not to be divided on divorce.)
- Preparing a postnuptial agreement (which is just like a prenuptial agreement, except that it is prepared after the marriage)
2. Marriage Dissolution (Divorce, Annulment, Separation) Cases
- Negotiating settlements and resolving marriage dissolution cases either at the pre-trial stage, or by mediation, collaborative methods, or in the courts. In the case of divorce, for example, the process includes calculating alimony, creating a parenting plan/ custodial arrangement, calculating how child support payments are to be shared, etc.
- Resolving same-sex divorce cases (these can be complicated because each state can have different laws)
- Resolving marriage dissolution cases in which spouses are located in different states
- Handling post-divorce name change cases
3. Domestic Partnership Cases
- In a domestic partnership, couples live together under the same roof, are in a domestic relationship, but are not married. The couple can be of the same sex. Family law attorneys handle such cases and help legalize such relationships.
- Lawyers also handle domestic partnership dissolution.
4. Child Custody Cases
- Helping parents determine the best interests of their child
- Creating a parenting plan/child custody agreement/visitation agreement that is fair to both parents and in the best interests of the child
- Advising, negotiating, or litigating child custody
- Modifying child custody orders (modification becomes necessary when circumstances change – for example, a parent relocates to another state or when a parent is convicted of a crime and jailed)
- Fighting child custody cases when the parents live in different states
- Other child-related cases can include executing abortion or surrogacy agreements and handling minor-child-emancipation matters
5. Property Division Cases
- Determining marital property (property that is acquired during the marriage or separate property which is commingled with marital property), separate property, and debts (marital/separate) (usually, marital property is shared on a 50/50 basis, while separate property remains with the spouse who originally owned it)
- Helping clients divide complicated assets like art, stock options, etc.
6. Spousal Support (Alimony) And Child Support
- Calculating alimony and child support receivable/payable and negotiating the final figure with the other spouse.
- Securing temporary alimony or child support before the divorce is complete.
- Justifying why the client deserves to receive (or pay) the alimony/child support sum that has been arrived at
- Investigating the other spouse’s finances
- Resolving alimony/child support issues connected to the dissolution of a domestic partnership
7. Domestic Violence Cases
- Protecting the client (spouse or any other person in a relationship) and his/her child from domestic violence
- Protecting the client from false allegations of domestic violence
- Requesting and obtaining temporary/permanent restraining orders from the courts
8. Other Family Law Matters
These include:
- Helping a partner/spouse establish paternity
- Helping the client become a guardian or caretaker of the child
- Modifying court orders for a client if the circumstances have changed
- Terminating parental rights
- Resolving legal issues related to juveniles (for example, minors who have committed illegal acts)
- Resolving underage marriages
