What Is the Definition of Family Law?

Family law cases are civil cases and are heard in the civil court. Some counties and states have a separate family law court, since there tends to be many family law cases.

Types

Family law includes divorce, custody, alimony, adoption, domestic violence and cases run through the department of children's services. The most common family law cases are divorce, alimony, custody and domestic violence cases.

Function

When a couple decides to get divorced and cannot come to an agreement regarding the dispersal of marital assets, marital liabilities and custody of the minor children, a case is created in the court system by filing a petition for dissolution of marriage. The court will then hear both parties' side of the story--who should get what assets and liabilities and who should have primary residential custody of the minor children.

Time Frame

Once a petition is filed, the other spouse has a certain amount of time (depending on state and local rules) to file an answer and a counter petition. If the answer is not filed in a timely manner, the petitioner can ask for a default ruling, which means he gets what he asked for in the petition, unless the respondent provides the court with a good reason for not filing a timely answer. Once an answer and counter petition is filed, the petitioner has the opportunity to respond to the counter petition.

Features

Family law rules of procedure, case law and family law statutes provide regulation to divorce and other family law matters so that each party knows what to expect. Rulings differ based on different circumstances, but each type of ruling (e.g., custody ruling, child support ruling, alimony ruling) has rules the court must follow in order to provide for a fair and reasonable distribution of marital assets, liabilities and custody arrangements.

Considerations

People going through the family law courts can avoid many hearings if they can agree on matters such as division of marital assets, liabilities and child custody. A settlement agreement can be drawn up by the parties or their attorneys. It is then filed with the court, and the court is asked to ratify the agreement. If the court agrees that the agreement is fair and that the parties signed it without being put under duress by each other or outside influences, the court will incorporate the settlement agreement into a final judgment and proclaim the parties divorced.

Misconceptions

Many people with stay stuck in a marriage because they think they will loose everything they have worked for. Child support is based on income in most states. Each parent must be responsible for a percentage of child support. Division of assets and liabilities is done on an equitable basis in no-fault states. If both parties make the same amount of money, chances are, they will get 50 percent of everything. If the wife makes more than the husband, equitable distribution will give the husband more of the assets, and possibly alimony. If the husband makes more, the wife will get the higher amount during equitable distribution.