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Family Law

What is family law?

Family law refers to the laws governing marriage, divorce (including child custody, child support, alimony, and paternity), and adoption.

What is divorce?

An absolute divorce is a divorce in which a marriage is completely dissolved. An absolute divorce can be granted on the grounds of marital misconduct (at-fault) or on the grounds that the relationship no longer works (no-fault). All states offer no-fault divorce; however, some states require a separation period before the divorce can be granted.

In a limited divorce, also known as "separation", both parties terminate cohabitation but remain married to each other. Some couples decide to separate on a trial basis to determine whether divorce is the best solution to their marital difficulties.

For more detailed information on the different types of divorce, you may want to contact a divorce lawyer today.

What is an annulment?

In addition to divorce, there is another option available to dissolve a marriage, known as an annulment. An annulment treats the marriage as if it never existed. There are several grounds for an annulment, including:

  • Misrepresentation - for example, lying about already being married
  • Concealment - for example, non-disclosure of a sexually transmitted disease, felony conviction, or drug addiction
  • Non-consummation of the marriage - for example, the refusal or inability to consummate the marriage
  • Misunderstanding - for example, one party thinking that the other wanted children when they did not

What is child custody?

There are four types of child custody:

  • Legal custody - a form of child custody in which one parent has the right to make decisions about the child's upbringing.
  • Physical custody - a form of child custody in which one parent has the right to live with the child.
  • Sole custody - a form of child custody in which one parent has both legal and physical custody of the child.
  • Joint custody - a form of child custody in which parents share legal custody, physical custody, or both.

If either parent is unable to care for the child, a grandparent or other relative may be awarded custody.

For more detailed information on the types of child custody and how custody is determined, contact a family attorney today.

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