Family Law

Understanding Family Law

family-law-bookFamily law is the branch of law which deals with all matters related to family unit and other domestic relations such as surrogacy, adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony and division of family property

While broadly family legislation encompasses every aspect of a family as seen as a ‘unit of people living together for many reasons’, there are many finer aspects relating to ‘family’ in many different contexts in various parts of the world.

Family indicates a group of people affiliated by a kinship, affinity or co-residence

Family – ‘con’ means together and ‘sanguine’ means blood; so it simply refers to people descended from a common ancestor. It is an important legal aspect to determine if two people can marry or to determine who inherits property left by a person who has not made a Will.

Affinity in the family sense means attraction of feeling or kinship or relation by marriage

Co-residence refers to individuals or a group of people living in the same residence and carrying out responsibilities of a family or household. This may include a parent and child or children and other members sharing blood ties or living together for other reasons.

Family law, therefore, cannot be confined within social, economic or governmental regulations. There are simply far too many aspects and complexities involving human relations that laws in many countries have diverse legalities referring to each country’s intrinsic social and familial guidelines.

Stark and startling contrasts govern legislation in certain parts of the world. In some societies, patriarchal laws govern while in some others matriarchal. In many parts of Europe, before the advent of the legal system, as we see it today, the Church was seen as the law enforcer.

Historically, family law has been grounded on western feudalism. In the 1970s, family law underwent rapid changes and became redefined over years particularly in areas relating to divorce, child custody, family property, etc. experienced many changes. Such rapid changes enabling quick fix solutions in marriage, divorce, and child support drew widespread criticism from many quarters that viewed rising cases of marital discord and disharmony all over the world as a dangerous trend.

Today’s family unit has evolved over the generations and may be a concise or shortened version of the co-resident families of the past. Relationships too have evolved and newer legal aspects to family law are being formulated to cope with the complexities of modern life and emerging trends.

Understanding Divorce Law in Las Vegas, Nevada

divorce in las vegasThere are some different types of divorce, including fault, based, no-fault based, summary, uncontested, collaborative, and mediated. Almost any situation that results in a couple of desiring a divorce will fall under one of these categories.

Fault Based Divorce

A fault-based divorce used to be the only way to terminate a marriage in Las Vegas. In this case, a divorce is only granted if one member of the couple qualifies as “at fault.” If neither person can be shown to be at the blame, the divorce is not granted, preventing the couple from legally remarrying. When these cases do succeed, claiming a person as at fault can affect the distribution of property in the settlement.

No Fault Divorce

With a no-fault divorce, the termination does not require proof of fault to be shown. Reasons for this type of divorce include incompatibility, irreconcilable differences, or irremediable breakdown of the marriage. With the support of a Las Vegas court system, a non-initiating spouse may be divorced against his or her will in this case.

A summary or simple divorce is used in particular cases when the couple meets certain eligibility requirements. These critical factors include a short marriage of fewer than five years, no children, fundamental property, and marital, and personal assets are under a certain threshold. Consult a family law attorney in Las Vegas for accurate advice regarding your legal options in these situations.

couple getting divorced in Las vegasCollaborative divorce

Collaborative divorce is a method that divorcing couples in Las Vegas use to come to an agreement on divorce issues. In this case, the couple negotiates and agreed resolution with the help of an attorney trained in the collaborative divorce process. If an agreement is not reached, any information used during the process cannot be used in later legal proceedings.

Divorce mediation

Divorce mediation in Las Vegas is an alternative to traditional divorce proceedings. Mediation can be a lot less expensive than traditional litigation, and parties seem to adhere more to mediated agreements rather than court orders.

Although there are some different reasons for a divorce to occur, a common factor that all settlements should have is a divorce lawyer. A lawyer with experience in the related field of Family Law would be a great asset. Also, it is important to talk to a lawyer about his or her experience, the steps involved in the divorce process and what to expect from it, and the costs associated with the divorce process.

Conclusion

A divorce can be a terrible time for all parties involved, including the couple that is making the decision to split and the families and friends the couple as well. With all the laws and complicated emotions and situations that can occur, finding a divorce lawyer who can offer organization and understanding can be a precious asset.