What Are the Types of Family Law Issues Handled in Family Court?
Family law is an expansive field of law that covers a wide range of matters, from divorce to child custody. The types of family law matters handled in family court include:
Divorce proceedings address the division of marital assets, spousal support, and other related issues. There are two common types of divorce proceedings:
- Uncontested divorce: In an uncontested divorce, both parties are in agreement about the terms of their divorce, such as the division of assets, alimony, and child support.
- Contested divorce: In a contested divorce, the parties are in disagreement about the terms of their divorce, making it more difficult to reach an agreement.
Note that even though an uncontested divorce is simpler, you will still require the help of a family law lawyer to ensure your arrangement is fair.
Child custody decisions are typically made in the child’s best interest. Depending on the jurisdiction, parents may be awarded joint physical and legal custody, or one parent may be granted sole custody of the child.
Child support is a payment from one parent to the other for the support of the child. The amount is calculated based on a variety of factors, including the income of both parents, the amount of time each parent spends with the child, and any special needs of the child.
Alimony, also known as spousal support, is a payment from one spouse to the other in order to provide financial support after a divorce. The amount and duration of alimony payments are determined by a court and based on several factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living prior to the divorce.
Property division is the process of dividing the marital assets and debts between the two spouses in a divorce. The division of assets is typically based on the state’s equitable distribution laws, which aim to divide property in a fair and equitable manner.
Adoption is the legal process of creating a parent-child relationship between two individuals who are not biologically related. The process typically involves an adoption agency or family law lawyer, an investigation of the adoptive parents, and court approval.
Domestic violence is a serious crime that includes physical, emotional, and psychological abuse. Victims of domestic violence may seek legal protection in the form of a restraining order or other remedies.
What Should I Expect From the Family Law Legal Process?
The legal process for family law matters can vary depending on the jurisdiction and the issues involved. If both parties are in general agreement, cases can typically be settled quickly and with minimal court involvement. If the parties are in disagreement, the process may be more lengthy and involve mediation or trial proceedings.
If the case goes to trial, the process will be very similar to any other type of civil proceeding. Parties can expect to be prepared to make a strong case and that is where a family law lawyer can prove beneficial for navigating the complex legal system. Once family law proceedings begin, the process typically involves:
Filing the Petition
The first step is to file a petition with the court that outlines the issues to be addressed. The petition may include requests for child custody, child support, alimony, and/or property division.
Once the petition is filed, the parties will go through a process of discovery, which involves gathering evidence to support their case. This could include documents, financial records, and depositions.
If the parties are unable to reach an agreement, they may be required to attend mediation in order to attempt to resolve their issues. During mediation, a neutral third party will help the parties come to an agreement.
If the parties are still in disagreement, the case may proceed to trial. At trial, each party will present their evidence and the judge will make a decision based on the evidence presented.
Can I Appeal Rulings Made in Family Law Court?
Yes, you have the right to appeal rulings made in family court. An appeal must be filed within a certain time period and must include a written statement explaining why the ruling should be reversed. If an appeal is granted, the case will be heard by a higher court and the ruling may be overturned.
Ultimately, the family law legal process can be complex and the outcome is never certain. If you are involved in a family law dispute, it is important to seek the assistance of a qualified family law attorney to ensure that your rights are protected.
Get the Legal Support You Need for Family Law Issues with King Law in Winston-Salem
If you are dealing with a family law issue, you have the right to pursue legal representation. At King Law in Winston-Salem, we offer professional and compassionate legal support for family law matters. From child custody and child support to divorce, alimony, and more, our team of experienced family law lawyers is here to help you with your case.
We understand how difficult and emotionally complex family law issues can be, and we strive to provide you with a comfortable, supportive environment in which to discuss your case. Our legal team is highly knowledgeable regarding North Carolina family law, and we have the resources to help you navigate the process. We always take the time to understand your individual situation and provide tailored advice and counsel. Give us a call at (888) 748-5464 or (888) 748-KING today to schedule a consultation with an experienced family law attorney. You can also fill out our contact form.