Contact Us

Publications

What is Family Law?

shutterstock_30753634-226x300 What is Family Law? Lawyer Palm Springs | Orange CountyFamily law is the body of law pertaining to familial relationships. It involves the creation of family relationships and dissolving them through a divorce as well as the termination of parental rights. These laws encompass adoption, child custody issues, and child support obligations.

The team of committed attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.

 

Divorce

Divorce regulations vary between states. All states allow for a no-fault divorce while some states mandate a separation period. A majority of states have residency requirements to prevent people seeking a divorce by filing in a state with the most conducive law.

Every state has their specific guidelines on the division of the marital assets and debts. However, the rules are similar in all states. Typically, the court seeks to make an equitable division of the assets. But this does not necessarily imply that things can be equally divided.

The court may assess the parties’ contributions to the marriage, duration of the marriage, and the requirements of each party following the divorce. The court will also take into account misconduct such as domestic abuse or infidelity while making a decision.

 

Alimony and Spousal Support

Alimony and spousal support is an often contested area in a divorce case. Certain states employ a formula to decide on the amount of support while others leave it to the discretion of the judge. In cases where the court utilizes a formula, it is still imperative to ensure that the court enters the correct inputs to decide the right amount of support.

 

Child Custody

Child custody is a highly debated area of family law. A majority of states arrive at child custody and parenting time decisions keeping in mind the child’s best interest.

The court assesses facets such as which parent is more bonded with the child, whether each parent has a stable home, and whether either parent has an extensive criminal record or substance abuse problems.

In case parents agree on custody, the court typically follows the agreement. However, if the parents cannot agree on this matter, family law attorneys present the court with evidence on the best interests of the child.

 

Child Support

Children have the right to receive support from both parents. Child support aims to provide children with parents living separately with the same financial resources that they would have access to if both parents lived together. The courts presume that the parent caring for the child provides support to the child in a direct manner.

Child support is mainly determined by a formula, and each state has its own formula for calculating child support.

 

Abuse and Neglect Proceedings

Family law also addresses abuse and neglect. If a state believes that a parent is not providing proper care to a child, they may start abuse and neglect proceedings. They may represent a child or a parent accused of abuse or neglect.

In abuse and neglect proceedings, family lawyers assist clients in either defense against allegations of abuse or neglect or assist their clients to comply with services and other regulations to regain child custody.

 

Compassionate lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of 
SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney

Spread the love

Comments are closed.

Palm Springs

Indian Wells

Orange County

San Diego

Princeton

New York

Palm Springs
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Indian Wells
74785 Hwy 111, Ste. 105
Indian Wells, CA 92210
Orange County
650 Town Center Drive, Ste. 1400
Costa Mesa, CA 92626
San Diego
121 Broadway, Suite 553
San Diego, California 92101
Princeton
103 Carnegie Center Blvd., Ste. 101
Princeton, NJ 08540
New York
405 Lexington Avenue, 26th Floor
New York, New York
SBEMP