When one thinks of Family and Divorce, it is usually understood that it comes down to divorces and all the sequence of events that follows it. While this is true, it does not give out the full picture. It is just that, divorces are a lot more common than other family related issues, which gives the wrong impression that all there is to know about family law and divorce are divorces.
Other than divorces, other family related issues that come under family law and divorce. Take for instance the guardianship of an elderly member of the family. In some cases, there might be some dispute among children as to who will get to take care of the elderly parents. guardianship related to aged individuals in the family will become part of such disagreement. Inheritance, in terms of financial assets can also become a family issue, even if they are not strictly under the family law.
With family law and divorce, we can broadly divide the many issues that are handled by family law attorneys into two categories – marriage related and non-marriage related.
Marriage Related
These are the several issues that crop up, as a direct result of a marriage that has ended. In some cases, formerly married and in love couples end up separating on a good note. If something like that should happen, everything will be settled amicably. Debts, savings, responsibilities and all of that and more is settled in a nice and easy fashion without a third party intervening.
Unfortunately, for good or bad, such things don’t happen al the time. That means, there will be problems which need the assistance of a good family law and divorce attorney.
Here is a quick list of the many problems that need to be decided by the law in the event of a failed marriage.
1. Divorces
This is standard issue situation that comes up when a couple decide to go their separate ways. The presence or the lack of a pre-nuptial agreement can either make the discussions related to the divorce simple or complicated. It also depends on the reasons for one part of the married couple asking for divorce from the other. Family law and divorce primarily deals with this. In Maryland, the Capital Family Law Group specializes in various marital cases including divorce. Consulting family lawyers is recommended to help you deal with divorce and guide you in understanding your rights and obligations depending on your current situation.
2. Annulments
There are also times when a marriage occurs for all the wrong reasons. If the conditions are right, it is possible to get an annulment. An annulment is similar to a divorce, except that in this case, neither of the participants wanted to get married in the first place. Annulments usually take place right after a marriage has taken place, so there is usually none of the asset division and children related complications here. There are specialist family law and divorce attorneys who deal only with annulments.
3. Child Custody
Most marriages result in children and this becomes an important part of any discussion that follows the conclusion of a court discussion about the divorce. Child custody brings in a variety of complications into the equation. The final outcome will be decided on the variety of factors of the children like their gender, age, current financial position of the parents and their past history with crime.
4. Spousal Support
Depending on the way the divorce settlement was done, sometime will be spent on deciding spousal support. In most cases, the person who ends up getting the custody of the child is expected to receive spousal support from the other person. This could be a onetime payment plus an annual payment. There are also times when this amount is revised if the person finds himself unable to pay or go bankrupt.
Non-Marriage Related
So far we have spent some time explaining the many issues that may come up in divorce related family law and divorce. It is time to explain a little bit about issues that are not related to divorce but still related to family. Compared to marriage related issues, the number of non-marriage issues are less widely known. A major part of family law is the right to decide, the division of inherited property. The family law and divorce itself does not differentiate between different categories of laws. Much of it is divided into categories based on convenience.
Issue like a person having his name changed also come under family law, even though there is hardly any complications is such cases.
Family Law and Divorce Attorney
It is impossible to tell when any of the above mentioned family law and divorce scenarios will affect your life. It is neither a good idea to wait for something to go wrong and then start looking for an attorney; nor is it advisable to find an attorney in a hurry. Finding the right family law and divorce attorney comes down to ensuring that you pick someone who deals in family legal cases and nothing else.
Just like how you have fake doctors, there are a lot of lawyers out there who will claim to be a specialist in family law or any other law with a standard law practicing license. Your task here is to check their reputation, spend some time understanding the many cases they have handled in the past. Eventually, ensure that you have the chosen the best family law and divorce attorney to ensure a satisfactory settlement to your family problems.
