Family Law: The General Topics of Family Law

If you have children and are pursuing a divorce in the Beloit area, it’s important to hire a Beloit Family Law attorney fully competent in all topics of Family Law.

There are six general topics of Family Law:

• Custody—the guardianship of the child or children.
• Child Support—court ordered payments, typically made by the noncustodial parent, to support a minor child or children.
• Placement (formerly Visitation)—court ordered schedule of the times when children are to be with each parent.
• Maintenance (formerly Alimony or Spousal Support)—recurring payments meant to preserve the standard of living of a former spouse and children.
• Property Division—division of marriage assets.
• Paternity—legal acknowledgement of fatherhood between a man and child.

 

It should come as no surprise then that Family Law is an area of practice requiring a deep knowledge of the differences between each general topic, as each topic has its own unique rules the court must follow in order to issue its ruling on each matter.

 

Thus, it’s important you hire a competent attorney who understands the rules unique to each topic that the court must follow when issuing its ruling. Essentially, this means knowing which evidence and arguments are likely to persuade a court within each of the unique sub categories; as well as knowing which arguments, or red herrings, should be avoided.

 

Mediation: A Potentially Better Option

 

Let’s say, for example, you’re involved in a court case purposed with determining custody of one of your children. In such a case, the court will consider many factors: the wishes of each party; the wishes of the children; the interaction and relationship of the child with both parties; and adjustment to home, school, and the community.

 

But let’s take the above example a step further.

 

Let’s say that no agreement of legal custody and placement can be found. In this case, the court will order both parties to attend Mediation to resolve these issues. Mediation is a negotiation overseen by a third party in order to settle a dispute between opposing parties.

 

Although Mediation may initially seem like a hiccup in the process, it may end up leading to a more economical and longer-lasting agreement because both parties are forced to craft a solution themselves (with the help of an experienced Family Law attorney, of course). However, if not successfully mediated, a hearing or trial will be held to resolve these issues.

 

It’s important to note that issues related to property and money will not be mediated. Absent an agreement between the two parties, issues related to property and money will be set for a hearing or a trial.

 

What if I need support now?

 

If you’re hesitant about initiating a divorce because it wouldn’t be possible to wait the months or years it may take to make it to court, it is possible to petition the court to provide you with support by way of a Temporary Order.

 

A Temporary Order is a quick decision by a judge regarding money, custody, assets, and potentially other areas related to your case. Temporary Orders can be very valuable for you in the meantime, so be sure to speak with an experienced Beloit Family Law attorney if you feel one might be relevant to your case.

 

If you’d like to speak to an experienced Beloit Family Law Attorney, contact us today for a FREE consultation.