Family Law Information

Family Law  – The Procedure Of Filing A Case

Posted by on May 6, 2015 in Family Law |

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There are instances in the life of a family wherein problems occur and situations can no longer be handled. These are the cases wherein family relationships are broken and trust is no longer there. In short, family members’ relationships are shattered due to misunderstandings. There are process wherein you can solve these small and big problems but for some they take it family law and let family lawyers handle the case. Procedure for this law really takes a long time. There are certain steps and procedures to take and many meetings from your family lawyers.

What each individual should know in filing cases against each other in your marriage when relationship seems blurry and you can no longer patch things up, you need to be patient when this matter is brought to court. As there are lot of things needed and time as well is the most important thing to consider here. So what are these procedures and what things do these involve?

Before Filing to court

Before you file, the Legal Court motivates you to have dispute solution services to solve your argument. Dispute solution gives you a chance to get to a legal contract without making use of a legal court to place an order. What family law is about, this gives much importance to settling arguments and problems between couples and what happens in the family.

 

Just before submitting an application for any parenting order, you (as being the applicant) should get yourself a official document from the family dispute solution specialist. If you cannot file certificates or perhaps an affidavit gratifying certain requirements to have an exemption, legal courts are not able to acknowledge the application.

 

Filing requirements

lawsuitIn filing the requirements and applying orders in court, you should file an application, financial statements, affidavit and a certificate from a family dispute specialist.  There are requirements for different cases and different filing forms as well.

 

Responding to Requirements:

In responding to the application you should also file:

  1. Affidavit
  2. Response
  3. Financial statement

 

It is much better to file these documents in person. The court will view this and you must be able to file the original one and have the copy for the party to the case. The court will be the one to keep the original copy and you should also receive a copy of your own as well and you need this for your own record. Remember, there are certain fees and it need to be paid during filing.

 

Court Procedure

 

The court will invite you and set a first court date. At this time the court will explain these things to you:

 

  1. Final hearing date
  2. Approval of consent orders
  3. Finalizing applications
  4. Conducting interim hearing

 

Final Hearing

Final hearing is here this would depend on all the facts regarding the case . In here you already know the facts that you rely on and especially the final outcome that you want to hear.

 

What family law requires is to settle the different cases you have in order to make things formal and clear the misunderstanding and confusion you have with your partner. Bringing the case to court is a long process. It is really much better to settle it with family lawyers and ends there. There is a peaceful and professional way in settling different situations.

 

 

 

 

 

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How Family Law Differs From Other Laws

Posted by on May 6, 2015 in Family Law |

 

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A law is a system of procedures that the specific nation or group acknowledges as governing the behavior of their people and may even enforce through the imposition of fees and penalties. This is what makes people act or behave in manner that goes with the law. Every individual acts or behaves well when in they are in a good situation. But when things are not going well with their own situation then people may to misbehave. This also goes with families. There also situations that affect every family whether for bad or for good. Families also have a law. That is called family law which deals with rulesand obligations among those who share a domestic relationship. These situations generally include parties who definitely are connected by blood or relationship; it could have an effect on those involved with casual or distant relationship as well

Family law though really focuses on what family problems encounters, but this is also as well related with other laws such as criminal and civil law. As to see their differences , you can see below each of their descriptions.

What Family Law Is About?

Family-Law-Issues-LAThis law faces issues that involve the ending of a marital relationship as well as the matters of children care. These issues regarded as issues on civil law, but in court rules there really are laws for these and this is why family law exist. Issues like where children lives, property division amongst separating couple and how childrenand spouse will be financially supported. Most family law process occurs because of the termination of the relationship or marriage. Divorce attorneys assist their customers requesting divorce , separation, alimony, and child custody, support and visitation. Couples who were married in a short span of time can request special rights and annulment.  A common issue in this law is the division of property after the ending of a marriage relationship.

What Civil Law Is About?

Civil law relates to conflicts in between individuals or institutions. Civil law differences could be about properties, legal agreements, accidental injuries, wills and other more examples. Oneparticular civil argument happens when one individual owes money to another individual.

What Criminal Law Is About?

This law differs from civil law. This is a law wherein it focuses on individuals committing serious or not serious crimes. When someone does not obey this law automatically,they are charged with criminal offense. An example of this is shoplifting.

Families that face the situations of family law and goes beyond it, they can face civil and criminal law. That is if an individual does not heed to what this law requires of each individual and participate in its procedure. If you know someone who is experiencing cases under family law like domestic violence, adoption, adults facing restraining orders, state child protection, and guardianship and who really goes beyond what a normal family law is, chances are they will lead  in the direction of civil and criminal law. It is much rather appreciated that situations under family law stay under family law and do not go beyond it.

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Different Types of Adoption in Family Law

Posted by on May 6, 2015 in Family Law |

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Family law is another term for matrimonial law, which mainly deals with matters concerning domestic and family relations that include civil unions, domestic partnerships, marriage, surrogacy, adoption, child abuse, child abduction and more. In this article, the main topic will be about adoption, its different types and what parents should do when they want to venture on adoption.

When parents have the inability to produce a child naturally, most of them consider adopting. These days, adopting a child is not only designed for parents who wants to have their own child, but also people who feel that by adopting, they help shape the future of the child. Family law covers adoption, and when parents consider adopting, they will have to go through an attorney to file the legal work that will make the child legally theirs. Read on to find out more about what you, as parents, can do with adoption.

  • Adopted-girl-and-signAgency adoptions – According to family law, this involves the placement of one child with the adoptive parents through a public agency, whether it be state regulated or licensed private agency. The public agencies are generally where children become the wards of a particular state for various reasons such as abuse, abandonment or orphanage. Private ones are usually run by social service groups or charities. The children that are placed to private agencies are usually sent through the agency by parents or a parent that are expecting to have a child but decide to give up for adoption.
  • Independent adoption – There is no agency involved in this type of adoption. There is a number of independent adoption cases in which the arrangement is done between the adoptive parents and the birth parents. There are also others that make use of intermediary like a clergy person, attorney or doctor. Most of the independent adoptions, whether there is no intermediary  involved, the parents that are planning to adopt usually hire their own attorney who will be responsible for the paperwork at the court. In the US, most states allow such type of adoptions, although a lot of them are regulated carefully. States that do not allow such type of adoption include Massachusetts, Delaware and Connecticut.
  • Identified adoption – Also known as designated adoption, is the one in which the adopting parents and the biological mother find each other and arrange for an adoption agency to take care of the rest of the paperwork and other legal processes. This kind of adoption is a mixture of an agency and independent adoption type.
  • International adoption – From the name alone, it is evident that the parents are adopting a child a foreign country.

 

Before you consider adopting a child into your family, you must consult your family law attorney first. Preparing yourself into choosing a child you want to become a part of your life should be taken seriously. Never forget to do a background check, and make sure that you are doing it legally.

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Family Law – What You Should Know About The Cases Of Incest

Posted by on May 6, 2015 in Family Law |

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Family, as we all know it, is a group of blood related individuals that contribute to each other in terms of development and nourishment. Family is the most basic unit of the society. They are the ones that secure themselves from the harmful society and environment. Yet, even in the past up to now, there are cases of sexual abuse and relationship incidents just within the family members. It is called incest. With this information, you will be able to get a better understanding with the cases of incest.

Further Explanation

hqdefault (1)Incest is a situation which involves sexual relations or abuse to a close relative or family member that is biblically and legally treated as offensive and immoral. Having romantic bloodline relationships may be considered as a crime both in moral and societal perspectives. This may also happen between  in-laws that may cause conditions such as depression to the offended party. This kind of situation is covered by the cultural anthropology and of course the law, particularly under the family law that serves as the general and legal protection to the victims in the family.

What is the Incest Taboo?

This is a standardized rule of the norm and the society in each and every culture that is prohibiting any sexual relationships or sexual activities between any family members, may it be blood or law related family members. This kind of situation is still unacceptable even in the modern society. Gone are those people in the bible that practice incest just to procreate humankind. The society doesn’t need to increase the population anymore, so this has to do normally now.

Legal Consequence for Incest

There may be some differences when it comes to giving consequences to the family members that are involved into incest. This is because the world is filled by so many norms and cultures that may have a different outlook towards it. Some of the legal consequences would be the prohibition of rights of the involved family members to marry. Additionally, if ever the case involves a child and an adult relationship, most especially sexual activities, the adult will be considered to be the one performing child abuse. Taking advantage of the child’s innocence who is not fully aware about what was happening between them is not acceptable at all.

The consequences may widely vary in every country that manifests a conservative type of society such as countries in Asia. Incest is considered normal in some places yet majority looks at this as a disgusting situation that the society gives prior judgment. This may also affect the dignity of the whole family. Moreover, some children that came from incest relations were born with disabilities and deformation due to abnormal matching of the genes.

 

 

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