Family Court is a division of Superior court and handles any type of dispute that involves family matters between couples or children. The most common complaints that Family Court handles are juvenile crimes, divorce, custody, visitation and child support.
Filing for Divorce
One of the first steps in the dissolution of a marriage is filing for divorce through Family Court. While states have different regulations, many states have adopted “No Fault Divorce” laws that are patterned after California’s “irreconcilable differences.” Other states require counseling services when there are minor children, a process that can sometimes take one to two years to complete. Family Court in all states is empowered to issue both temporary and permanent orders concerning child custody and visitation, child and spousal support, and responsibility for attorney’s fees and court costs. Many municipalities also have residency requirements for the state as well as the county in which you are filing the divorce petition.
Following the Steps
There are several steps involved in the dissolution of a marriage. The first step is the issuance of the summons which is a notification that one spouse is filing for divorce from the other. The court usually requires personal notification to the other party, but if the other spouse cannot be located, they may approve an alternative notification means.
Once the papers have been filed, one of the spouses may request a hearing during which the judge will issue a temporary order for custody and child support. If the couple is unable to reach an agreeable solution concerning permanent custody and support, it will be necessary for them to go to court to allow a judge to make the decision for them. In some states instead of a hearing the couple will meet with a mediator, especially when they have already agreed on the terms of the divorce.
When there are no child and no property a couple may choose to file their own divorce petition rather than hiring a lawyer. This process usually costs under $200 but is not intended for those couples who have to file any additional petitions such as child support, division of property, child support or spousal support.
Legal Assistance
It is very unwise to attempt to file a divorce without at least consulting with a lawyer concerning your legal rights. While it may seem like a frivolous expense, you do not want to take a chance on not receiving what is rightfully yours when your marriage dissolves.
