Family 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 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 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.
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.
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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.
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