Family law is a well-defined body of law that serves to protect family members and to provide legal support in the event of the need for judicial intervention. It is one of the core social institutions in the United States and it is responsible for maintaining many important family relationships. However, many individuals also find that it is a source of stress when they are dealing with problems arising from family law issues.
The laws in family law do not typically change drastically, however when they do change, it usually will not be good news. Many times changes to family law happen without the public’s knowledge.
When divorcing, the first thing that most people think about is the settlement of the assets and liabilities that were involved during the marriage. However, if there is no agreement in place to resolve the issues, both spouses can file a motion to dissolve the marriage. This process will require a court to make the determination as to whether the couple was married in the state of Texas or was a “non-Texan.”
As a non-Texan, you will not be able to file a divorce petition in Texas. You will have to file for a divorce in the state of your residence. Therefore, you should be familiar with Texas divorce laws before you begin a divorce proceeding.
There are many reasons why couples choose to file for a divorce, said a known family law attorney. The most common reason is because one or both partners do not agree on a division of assets and debts. This is considered a high priority issue among couples who opt for a divorce. Therefore, one of the first things that attorneys try to accomplish is creating a fair distribution of assets and debts.
In most cases, the divorce takes two-week process. In some instances, a couple may choose to have a three-day mediation session to attempt to sort out all issues that may arise in the process. This will usually result in a final settlement agreement between the attorneys, and the case will then be filed with the court.
Another area of family law that often results in court appearances is child custody. When two parents are unmarried, one parent is usually awarded primary physical custody of the children, while the other parent has joint or shared physical custody. Both parents can request sole custody or a combination of both types of custody.
Some judges will grant joint custody or sometimes even sole custody. However, sometimes the child needs to be in the care of someone else for medical reasons. When this happens, the child needs to be supervised by a trained professional to prevent the child from being harmed.
Sometimes one parent wants the children to spend time with the other parent does not, said an expert divorce lawyer. In such cases, the judge will decide who has the right to visit the children, and how long each parent can stay with the children.
The rights of the child also need to be considered. If a child is taken from one household, it does not mean that the child automatically loses his or her rights. The judge must determine if the child’s best interests are being served by allowing the child to be relocated.
This situation can occur when one parent moves out of state or if the parents separate. While it may seem like a good idea to keep the child in the home to ensure that he or she is protected, in some cases this can create emotional trauma that could not be addressed in court.
Many people find that they do not understand the various family law laws that are in place in their area. Therefore, it is advisable that you speak with an attorney who can help you understand the laws that you must follow in the event of a legal dispute in your family.