subject: The Issues That Your Family Lawyer Should Explain To You In Your Family Law Case [print this page] Every family law case, even the simplest ones, is vastly different and contains so many issues to be resolved. However, each of these family law issues typically fall into one of the following broader categories.
1) Grounds for Divorce.
Most states have various grounds for divorce, not all of them created equal and not all of them very easy to prove. Separation grounds are most common, meaning that the parties have been separated for the statutory period required to obtain a divorce (usually one or two years). Additionally, many states have grounds for divorce based on adultery, cruelty or other domestic violence, desertion, and incarceration of one spouse for a specified period of time.
2) Custody/Visitation.
Custody and visitation arrangements, and the associated emotional investment by parents, many times result in very heated litigation. The best interest of the child is the gold standard in aiding the court in determining who will have custody. Also, custody can loosely be divided into physical custody (where the child physically resides) and legal custody (who makes major decisions for the child). Finally, a visitation schedule for the non-custodial parent is put into place. All of these custody issues are decided based on the best interest of the child. The factors that the court uses in determining a custodial arrangement that is in the child's best interest vary greatly depending on the state.
3) Child Support.
Child support guidelines statutes help the court determine what amount of child support one parent must pay to the other. Child support is based on the theoretical interest of the state in maintaining the child in a lifestyle to which he or she has become accustomed. Practically speaking, it would be nearly impossible for any state court to govern how and when child support payments are used.
4) Property Distribution.
Division of property varies greatly between states. It is important to note that nearly every state has a different method of determining which party receives what property. Community property states treat most property (with the exception of gifts or inheritances) acquired during the marriage as jointly owned by both spouses. The idea is that both spouses theoretically contribute equally to the marriage and family. Each party owns an undivided one-half interest in the property. Non-community property states rely on the principle that property is owned according to title. Under both systems, property is either equally distributed or equitably distributed depending on the laws of that jurisdiction. Equitable distribution is not the same as equal distribution.
5) Alimony.
Alimony, or spousal support as it is often called, refers to funds paid from one spouse to the other for the purpose of providing support for living expenses. Spousal support can generally be awarded on a temporary basis through the expiration of the litigation, on a rehabilitative or definite basis through the expiration of some period of time in the future, or on a permanent basis.
6) Attorney Fees and Costs.
Fees and costs can be divided into three categories - attorney fees, court costs, and suit money. Family law litigation can be quite expensive. Attorney fees generally refer to those fees paid to each spouse's attorney. Court costs are those costs payable to the court for the purpose of maintaining the litigation in the court. Suit money is those costs for expert fees, depositions, service of process, etc. Who pays these expenses becomes an important issue throughout the family law case, especially when either one spouse earns substantially more than the other or one spouse takes an unreasonable position during the case.
While these are the broad issues involved in family law cases, clearly not all of them will be relevant to every case. Also each broad issue can be broken down into smaller issues depending on the facts of the case. Finally, whether these issues need to be resolved on a temporary basis during the pendency of the case will depend on the facts and circumstances of the particular case.
