The Importance of Family Law: Protecting Your Rights and Relationships

Family law covers the parts of the law used to create – or dissolve- a family relationship. It also includes things that may maintain the family relationship, such as elder-law issues. Some common topics in family law are divorce, child custody, prenuptial agreements, marriage, child support, alimony, adoption, same-sex marriage and divorce, and dealing with family violence.

In the United States, the nuclear marriage – two partners and their children – is the default family arrangement. It is no wonder that good family planning often begins with consulting an attorney prior to marriage. A family law attorney can help you understand whether a prenuptial agreement is important, and, if so, how to construct one fairly in a way that protects both partners.

If the marriage is unsuccessful, a family law attorney can help the partners deal with divorce. A family law attorney can help structure property settlements, division of assets, alimony, and child support payments. Some couples have amicable divorces and are able to resolve issues without acrimony. Others may have highly contested divorces. Part of that depends on whether the divorce is in a fault or a no-fault state. No fault divorces means that neither partner has to demonstrate that the other partner engaged in any wrongdoing. The benefit is that it can reduce tension and drama during the divorce. However, in fault proceedings, a wronged partner has a better chance of getting an equitable distribution of the assets.

Many people share custody of children. They may or may not be married partners, parents of the child, or other people who have had a role in rearing the children. It varies from state to state, but many states allow anyone who has played a role in raising the child to assert a claim for custody. An attorney can advise you whether you have standing to sue for custody, and, if so, how to pursue the claim.

Not all family law issues are acrimonious. Some people choose to build their families through adoption. A family law attorney can represent the birth parents or the adoptive parents. They can ensure that all parties have their rights respected in the process, helping to fulfill the best interests of the child standard.

Attorneys are also invaluable when there are accusations of family violence. It is essential for a victim to have representation in court because abusers frequently use the legal system to continue abuse after the end of a relationship. It is equally important for someone accused of family violence to have representation, since a finding of family violence can not only influence family court proceedings, but also job eligibility and even a person’s right to carry a firearm.