People seeking legal help for family issues in Berkley should first understand the basics of family law. This is a specialized practice field that typically requires attorneys with proven experience in this legal area. Sometimes, family law proves to be more complex than some other legal specialties, because of the presence of emotional issues, along with the many legal considerations.
Family law covers the following important issues. At times, these issues, unlike pure contract law, take on an emotionally-charged, contentious legal "personality."
Divorce and separation mandate equitable terms for both parties, neither of which may be pleased with the outcome. Emotional issues sometimes overwhelm Family Court proceedings because of the inherent nature of marriage dissolution.
Child custody can involve one person named the custodial parent or shared custody agreements.Should the participants disagree on child custody issues, the court must then decide which party will be the custodial parent based on factual information shared in open court, interrogatories, or properly-filed legal motions, during the family law case.
Alimony , also called spousal support, is payable by one party to the other, depending on the spouse with the better ability to support the other.
Child support differs from alimony in purpose and calculations. Much depends on the ages and number of children involved.
Court order modifications orders issued by family court can be rewritten or modified based on material changes in the situation of one or both parties to divorce. For example, job loss could force one party to be unable to meet court-ordered provisions and requirements.
Property division agreements should be fair and equitable for both divorcing parties.
Voluntary agreements, although sometimes impractical, for dividing marital property are preferable to court-mandated asset division.
Prenuptials are agreements executed before a marriage. They are intended to protect the assets one or both parties bring to the marriage, instead of handling these issues as part of a divorce proceeding in court.
Annulments involve dissolving recent marriages, treating them as if they never happened. Both parties typically must agree to wiping their marriage from the legal records in Michigan.
Paternity issues, while not as rare as annulments, sometimes exist when the male party to a family court action denies being the biological father of a child or children involved in custody and/or support levels.
Domestic violence involves battery of one party upon the other. Although some cases fall under criminal action jurisdiction, charges of domestic abuse or violence are often adjudicated in Family Court.
Michigan has divorce statutes dating back to 1846, although many of the late 1800s and early 1900s statutes have been repealed and replaced with more contemporary regulations. Child custody and property division issues have attracted the most attention and revision over the years.
In all situations, it is imperative that people retain an attorney, duly licensed in Berkley, Michigan, who has proven experience and expertise in family law. This specialized practice area is typically highly complex and different from civil or criminal casework undertaken outside of the Family Court environment. Family law legal counsel for both parties should be familiar with the Berkley and Oakland County family court system. Janelle Zawadieh offers Family Law services in Berkley Michigan. Contact us today for a FREE consultation.
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