Family Law encompasses issues surrounding marriage, divorce, child custody disputes, domestic violence and adoption as well as estate planning, restraining orders and LGBTQIA+ families.
Cases concerning family matters typically find their way before Family or Supreme Courts for adjudication. Some family lawyers specialize in specific areas within this practice area.
Marriage
Family law was traditionally concerned with the rights and obligations that arise as a result of marriage for both partners, such as property, custody arrangements, support payments, etc.
Sociologists now recognize that family structure varies greatly and that its definition can depend on an individual. With more people seeking nontraditional families, this area of law has expanded to cover claims from nonmarital partners, domestic partnerships, gamete donors, surrogates and other family members as well as domestic violence legislation and reproductive rights laws.
Divorce
Family lawyers offer more than just assistance with divorce and separation proceedings; they can also provide advice regarding child custody and visitation issues as well as financial settlements related to domestic violence cases.
Divorce proceedings typically take place in Supreme Court; however, some counties offer special family courts. Some states have laws mandating that spouses live apart for a set amount of time before filing for divorce.
States’ laws differ when it comes to how a court will divide marital assets, with many considering factors like adultery or physical or emotional cruelty during marriage when making their determination on how a decree should be handed down.
Child Custody
Judges in family law cases focus on creating and enforcing child custody and visitation agreements, parental rights and child and spousal support agreements; abuse and neglect cases can also be heard before family courts or surrogate’s courts.
At the forefront of any custody decision is the best interests of the child, with a judge taking into account factors like lifestyle, stability and ability to care for a child in each parent. Based on these considerations they will determine who will receive physical and legal custody of their children.
Adoption
Adoption is the legal process by which a third-party individual takes on all the rights and responsibilities for a child without incurring parental rights, usually through consent. Some countries allow both open or closed adoptions.
Hofstra Law’s LLM program can equip you with the necessary tools to tackle new family law challenges, beyond claims related to marriage and divorce laws, child custody arrangements, domestic violence issues and safeguarding children from abuse. Family law encompasses social issues pertaining to gay/lesbian families, surrogate mothers, nonmarital partners and gamete donors among many others – in this rapidly developing field of law Hofstra Law is uniquely equipped to give its participants tools that allow them to meet these new challenges effectively.
Prenuptial Agreements
Prenuptial agreements (or prenups) are legal agreements between couples about to get married that detail how assets, both jointly and individually owned, will be divided during marriage as well as in case of separation, divorce, or death. Courts generally uphold such prenups unless special circumstances prevent enforcement.
Prenuptial agreements provide couples with an outline of each partner’s assets, establish guidelines for dividing assets upon divorce or dissolution, establish responsibility for debt and may include provisions for spousal support. Prenups also help couples avoid costly litigation in the event of marriage dissolution or civil partnership dissolution.
Postnuptial Agreements
Postnuptial agreements are legal contracts created after two people marry. They outline how a couple will handle assets and debts, establish spousal support obligations and identify inheritance rights.
Postnuptial agreements can also help clarify whether an asset belongs to separate or marital property, protecting both parties should their marriage end in divorce and setting down who’s responsible for debts such as student loans or mortgages.
An enforceable postnuptial agreement requires full disclosure of both spouses’ assets and liabilities; an attorney can review an agreement to ensure this requirement is fulfilled.
Restraining Orders
Restraining orders are issued when someone alleges domestic violence against another. A court will then review these allegations and decide if a temporary order of protection should be granted, detailing whom not to contact and any obligations such as child support that must be fulfilled by those named as perpetrators.
People in New York can apply for emergency orders of protection either at Family Court or Supreme Court, where requests can be made during divorce proceedings or through written petition. At Supreme Court, an application may also be submitted during hearings as well.
