Family Law Attorneys
Families disagree all the time. Sometimes, disagreements get quickly sorted out on their own. Other times, disputes in a family can get so complicated that there is simply no way to achieve resolution without involving a third party. Fortunately, the law has an entire branch dedicated to handling family matters – Family Law. Over time, several attorneys and lawyers have attended to so many family matters that it has become their specialty. Much like corporate issues, everyone has their agenda that they’d rather see-through. These family law attorneys are the ones you must turn to when you seek to protect your interests in a family dispute.
The Horizon of Family Act
Family law is simply a part of the law that deals with almost all kinds of family disputes. Family law covers the following areas:
Marriage, divorce, custody arrangements, paternity, adoption, spousal support, child support, domestic violence, marital agreements (prenuptial agreements and postnuptial agreements), and most matters revolving around family.
Depending on what areas you need representation in, relevant laws will need to be taken into consideration. Family law attorneys are definitely the ones with the skills to help you navigate the sometimes-complicated maze called family law.
In New York, two types of courts have authority in family law:
- The Supreme Court: Family matters like divorce, annulment, or separation are dealt with in the Supreme Court, where one of the divorcing parties reside.
- Family Court: The Family Court deals with basically every other family disputes apart from the Supreme Court’s ones. Issues such as child support enforcement, modification of custody arrangements, and paternity are in the Family Court’s purview.
Areas of Family Law covered by Family Lawyers
Let’s take a much closer look at the separate areas of family law:
- Divorce
Divorce refers to the legal end of a marriage. In Family Law, terms like ‘divorce,’ ‘annulment’ and ‘separation’ are inter-related but have different legal consequences.
When a couple is legally separated, they live separately and apart without ending the marriage. An annulment has the legal effect of reversing a marriage like it never happened.
Under New York Divorce Laws, a party cannot file for divorce unless that party has resided in New York for at least one year.
Another thing about divorce is that there are laws that provide for the grounds of a divorce. Different rules will be applied in different places, but they certainly have similar points. Generally, the following can be grounds for a divorce – cruel and inhumane treatment, adultery, abandonment, and an extended separation period.
- Marriage Contracts
Marriage contracts have seen a usage increase in the past twenty years. The prevalent view is that it clears things up better than the courts of law.
Marriage contracts can quickly turn around to be not-so-helpful if they were drafted wrongly. You’ll be needing the services of expert family law attorneys to prepare a valid marital agreement. The most popular forms of marriage contracts are – prenuptial agreements, postnuptial agreements, and separation agreements.
In the case of a prenuptial agreement, the issue of property division is central. Parties are usually looking to decide for themselves how marital property should be divided.
It is noteworthy that separation agreements deemed unfair will be void in the eyes of the court.
- Issues relating to children
Children are significant in family law. The courts of law are known to make many decisions favoring the child’s interests even if such a decision is not what the divorcing parents want.
Children related issues in family law mean – adoption, visitation rights, child custody, and child support.
In the event of a divorce or separation, the question of who has the primary responsibility of taking care of the child (ren) becomes paramount. Often, the court will either give joint custody or choose one party to be the custodial parent.
The non-custodial parent will typically be given visitation rights so that the relationship with the child does not get extinguished completely. The non-custodial parent will also be required to make child support payments. Determining the child support order and child support enforcements also comes under family law. The family court ultimately makes its decision after hearing from the family law attorneys.
- Spousal Support/ Alimony
Spousal support is a big deal in many divorce and separation agreements. The courts would always try to balance the difference between spouses in financial situations. Sometimes, at the end of a marriage, someone may be left with practically nothing while the other party gets everything.
Spousal support provisions try to prevent that.
The clear-headedness found in corporate entities in disputes is not always easily found in family law disputes. Rather than an atmosphere of ‘professional’ conduct, family law exists around a more ‘personal’ environment.
This means you will need an experienced Rochester family law attorney that is patient, excellent, and, most importantly, empathetic to help you protect your interests.
If you’re in Rochester, NY, or anywhere in the world and require remarkable family lawyers who have the talent and the experience, please contact us today.
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