Top 5 FAQs about Family Law
Family law deals with issues that arise out of marriage, domestic partnerships, and civil unions. There is a lot of confusion about what family law is and how it can benefit couples and their families, which is why we are answering these top 5 frequently asked questions about it today.
1. What Is Family Law?
Family law includes a variety of subjects, including:
- Divorce or annulment
- Spousal support/alimony
- Child visitation rights
- Child custody
- Child support payments
- Prenuptial agreements
2. Are Prenuptial Agreements Necessary?
A prenuptial agreement will protect your assets in the event of a divorce, and they can reduce the amount of arguing and mediation time which may occur throughout the process.
If you do not have substantial assets before getting married, then a prenuptial agreement may not be necessary. Should you wish to enter into this type of agreement after you are married, you do have the option to enter into what is known as a “post nuptial agreement”.
3. Do I Need an Attorney for a Divorce?
Not every divorce may require the legal guidance and handling of a divorce lawyer. But it is almost always in everyone’s best interest to consult with a divorce lawyer so that you can learn more about your rights and the rights of your children.
A divorce lawyer will also make sure that all of the appropriate papers are filed on time so that your divorce can be finalized as quickly as possible.
4. Is California a No-Fault Divorce State?
Yes. In a no-fault divorce state, the spouse asking for a divorce does not have the burden of proving that the wrongdoing of the other spouse is why they want to end the marriage. The majority of spouses who file for divorce will state that the reason for the divorce is because of “irreconcilable differences”.
5. Are Women More Likely to Get Custody Than Men?
Years ago there was a presumption that a child should always stay with his or her mother after a divorce. Today the courts will look at a child’s best interests and the suitability of a parent when determining sole custody, joint physical custody,and child visitation.
Want to Know More about Your Rights?
Based out of Los Angeles, Whitmarsh Family Law, PC helps families with a number of marital and family issues. If you would like to discuss your specific case with a dedicated family law attorney, we invite you to call (310) 552-3505.