Did you know that there are over 71,325 lawyers practicing family and divorce law in the United States? And a much smaller percent focus on family law.
Family law is an important part of the legal system that tackles a wide range of concerns that arise within families or between parties who have common children. Issues addressed in family law affect the lives of everyone within a family unit. Legal experts come in to help families find a solution that protects the best interests of all parties.
Matters covered in family law range from prenuptial and custody agreements to divorce and domestic violence disputes. Keep reading to learn more about the different types of family law.
Divorce
Getting married is a relatively simple process if you file the necessary paperwork. Divorce on the other hand can get complicated. Divorce is the legal process to end the marriage. While working with a divorce lawyer/attorney some of the issues you will decide include:
- property division;
- alimony;
- spousal support/alimony;
- child custody; and
- child support.
Family law serve an important role in ensuring that both parties reach a fair conclusion. Although divorce is a legal process, only about 5% of divorces ever end up going to trial. Most divorce attorneys reach a settlement before a case ever gets sent forth to the court.
Child Custody and Visitation Rights
When parents separate or divorce, child custody battles can be incredibly challenging. Most people hire family law attorneys to help them advocate for the best interests of their children.
In Nebraska, the district courts serve as the “battlefield” where each parent will fight for custody. The courts consider each parent’s housing conditions, financial stability, and work-life balance, as well as the child’s emotional well-being when ruling on a custody plan.
Even if sole custody is awarded to one parent, the court will decide the non-custodial parents’ visiting rights. This helps to ensure that even in a single-parent custody agreement, both parents can be involved in their child’s life.
Child Support
Child support proceedings ensure that both parents contribute financially to their children’s upbringing and care. Child support payments are determined by a calculation done according to the Nebraska Child Support Guidelines. Overall income, allowable deductions, and the number of children at issue all help determine the resulting child support figure. This is all done with the goal of creating a secure financial environment for the child.
If either parent fails to satisfy their child support responsibilities, family law provides the enforcement mechanism to ensure that the child is cared for. Custodial parents can look for legal remedies like contempt of court, property liens, or withholding tax returns from the non-paying parent.
Decisions made in family law are not set in stone. If the circumstances of either parent change over time, family law attorneys can petition the court for a modification of the child support order. This is increasingly common if one parent loses their job, gets sick, or if a parent becomes independently wealthy.
Adoption
Adoption is also covered under family law. Adoption gives individuals or couples legal parental rights to children who are not biologically theirs. Biological parents and adoptive parents often seek the help of family law attorneys to either facilitate the adoption, or to ensure that their rights are upheld.
Parents seeking to adopt may also enlist the help of an attorney to ensure that they aren’t being extorted. Although, in some circumstances, it is common for adoptive parents to pay the medical bills and attorney fees for the birth parent.
Surrogacy, on the other hand, entails complicated legal concerns around the use of a surrogate mother to bear and birth a child on behalf of another person or couple.
Surrogacy
Surrogacy is the employment of a surrogate mother to bear and birth a child on behalf of another individual or couple. Attorneys work to protect the rights of the surrogate and the biological couple who are not carrying the baby.
Domestic Violence
Family law plays a critical role in protecting domestic violence victims and keeping abusers accountable. Protection orders can be sought to keep abusive people away from their victims while also providing a safe atmosphere for impacted family members.
Domestic abuse victims will be connected with support services. Here they will get access to counseling, shelter, and legal assistance through family law to help them negotiate the legal process and reconstruct their lives.
Paternity
Paternity proceedings are addressed in family law to establish legal fatherhood. The title of “father” is necessary when it comes to handling child support, custody, and visitation issues. Establishing paternity confers legal rights on children to their biological dads.
If there is a disagreement or question about paternity, family law provides a method for resolving such matters. DNA testing or other methods may be used to determine the biological link between the claimed or presumptive father and the child.
Prenuptial/Premarital Agreements
Premarital agreements are a legal tool that outline each potential spouse’s financial and property rights separate from their marriage. These agreements enable couples to plan ahead of time and preserve their assets.
Premarital agreements provide a sense of security and transparency in their marriage. Having these documents in advance of a divorce, separation or death allows you to cleanly divide assets.
Familiarize Yourself with the Types of Family Law
Family law is a broad and dynamic section of the law that deals with the legal disputes that arise within families. Family law aims to find equitable solutions. This is done while prioritizing the well-being of everyone involved, with the paramount considering being given to the best interest of the minor children involved.
Understanding the various types of family law disputes is critical for people facing their own familial disputes. Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
