Understanding the Basics of Family Law: How Does it Differ from Other Types?
Put succinctly as possible, family law deals with family-related issues and domestic relations, with most practices focusing on representing clients in a divorce – and dealing with the issues usually attached to divorce, such as division of marital property, child support/custody and alimony. Family lawyers are also responsible for drafting postnuptial and prenuptial agreements and litigating related matters; there are some family attorneys that represent perpetrators or victims of domestic violence in civil protection order proceedings (and defend clients accused of domestic violence in criminal proceedings).
Further, guardianship/adoption, juvenile delinquency and child abuse/neglect all fall under the category of family law, as well.
When it comes to the basics of such law in California – specifically family law in Roseville CA or family law in Sacramento – there are some specifics that pertain to residents of the Golden State in particular. When a couple divorces, they must abide by California’s property division laws, unless a prenuptial agreement has been forged. With such a “prenup,” the couple departs from the state’s property division laws and establishes their own agreement.
Additionally, while legal separation is not allowed in every state, it is lawful in California; a legal separation, while similar to a classic divorce in terms of function and form, allows the couple to remain legally married. The difference here is that a court can draft orders for spousal support, division of property, child custody and child support.
California is also a no-fault divorce state, meaning a spouse is not obligated to file a divorce on the grounds of cruel and inhumane treatment, abandonment or adultery. The thing that matters, as it pertains to family law in Roseville CA, family law in Sacramento (or any other place in the Golden State), is that one spouse wants out of the marriage – and so long as one party is looking for a divorce, one can be granted.
There is a plethora of other elements we can share regarding California’s legal regulations, so if you have any additional questions you can always ask the experts at McKean.