For every state, the family and divorce law differs although information that will be given in this section tackles majorly of what is present in every country and how it is dealt with in general. In order to seek a clearer vision regarding a particular topic, you can consult a divorce or family lawyer regarding your status of getting professional advice.
Family is one of the most important units within the society that gives meaning to life. However, when balance is moved, there are matters that needs to be discussed and people who are seeking for advice can be given certain ideas on how the law that governs the family works, some of which are about the totality of marriage, divorce, child custody and child support.
Law on Marriage
Laws regarding marriage status in the United States are strictly governed by the law of the state. However, there are federal regulations that rely on the marital status of the couple in order to determine the federal benefits and rights which invoke the important definition of marriage to the law. Furthermore, the constitution ensures that the United States Supreme Court will be able to review the laws which are related to marriage.
Law on Divorce
Agreement on divorce is similar to agreement on separation, marital agreement, and agreement on the settlement of properties which are legally acceptable with the contract settling matters involved. It will not be referred to as an agreement on being divorced because only the court can grant such request. If both parties will fail in reaching the agreement, the case will undergo trial and the decision of the court will be altered. Whatever the court has raised can be modified and will be based on the change in substance and circumstance. Agreements, therefore, can be modifiable or non-modifiable.
Agreements settle certain issues that relate to:
1. Health, life insurance and alimony
2. Division on liabilities and assets
3. Physical and legal custody, visitation, college fund, child support and medical expenses and insurance
Law on Child Custody
Generally, ordinances authorize courts of having responsibility or jurisdiction of proceedings regarding divorce in order to determine who should have the children’s custody under the marriage. Within the common provision, parents of a child who is legitimate are considered as joint guardians of the child and each parent’s rights are equal which means that each parent has the right for the child’s custody the moment they separate. And because of the controversial authority to decide custody based on the court’s jurisdiction, laws within this field are based on the state.
Law on Child Support
In cases where there is judgment for dissolution, separation, or annulment, the court usually orders that both parents should pay the amount necessary for the child to be supported until proclaimed stable or when the child reached age of independency. Financial support of the child will be based on the facts of the couple’s separate cases. The court has the right to consider that both parents are responsible and obliged for supporting the child.
Considerations will be made upon establishment of the amount that should be supported and it will be given to both parents which, under the legal help, should provide proper support and proper welfare for the minor including the child’s needs.