Family law is a large subject encompassing several areas related to domestic issues and relationships.
It includes many vital matters like marriage, divorce, child custody, paternity, adoption, child support, etc. The list of issues is not exhaustive and depends on the jurisdiction.
The United States of America has a vast body of family laws to monitor domestic relationships and ensure the protection of rights.
What Is Family Law?
Family law is a body of legal statutes that address the legal issues that may arise between individuals within a domestic setup.
The definition of family law states it as an area of legal practice that involves family relationships, duties, rights, finances, etc.
The cases may include children and parents, parental rights, marital responsibilities, division of property between spouses, and disputes related to same-sex marriages.
For instance, someone who is wrongfully forbidden to visit his child will have to find paternity lawyers who specialize in family law to get his custody rights in place.
Legal counsel in such matters helps citizens protect their rights and seek justice in cases of conflict and violation.
What Is Included In Family Law?
The following are some of the areas of family law that act as subsets containing a vast number of laws under each subject.
A family law attorney is qualified to especially deal with these cases and may specialize in divorce, child custody, adoption, paternity, etc.
Read more about family laws to acquaint yourself with the U.S. legislation and seek legal counsel if you deem it necessary.
Divorce Laws
Divorce laws identify annulment of marriage as either a no-fault divorce or one where one party accuses the other of being at fault.
Under the no-fault divorce concept, the court grants divorce to a couple on the grounds of irreconcilable differences, breakdown of a relationship, and incompatibility.
A spouse may accuse the other of a fault and seek a divorce on the grounds of adultery, addiction, violence, and alcoholism.
Such criminal acts may be significant factors that contribute to divorce. Since 1987, no-fault divorce has become an easy and inexpensive process for couples willing to separate due to marital discord.
A wife may claim alimony if she isn’t working or is financially dependent on the husband during the marriage.
If the court orders alimony, it may be paid as monthly allowances, one-time deposits, or transfer of property.
However, nowadays, alimony is awarded to a spouse for a fixed term to enable her to acquire education or skill training to enter the workforce.
Check Lawrina.com to get a comprehensive idea about the present divorce laws and not only in the U.S.
Adoption
Adoption laws in the USA exist to protect children’s rights and regulate the act of adoption in the country.
To adopt a child from the United States or any other country, a person must be eligible under the U.S. state and federal laws and the laws of the country they intend to adopt from.
The eligibility of adopting parents and regulations regarding the process are decided by the U.S. Citizenship and Immigration Services (USCIS).
Check for more information on conditions in different states regarding adoption on the Child Welfare Information Gateway website.
Some of the essential federal criteria include:
- The person must be a U.S. citizen.
- The adopting parent must be married or at least 25 years of age.
- You must adopt the child jointly with your spouse if you are married, even if you are presently separated.
- In case you are married, your spouse must also be a U.S. citizen.
- The adopting couple must pass background checks, home inspections and not show any criminal records.
Artificial Conception and Surrogacy
In the case of ovum transplantation in artificial conception, the law treats the birth mother as the only legitimate mother.
Surrogacy is another form of artificial conception where a woman agrees to be artificially inseminated with a fertilized ovum and carries the child to term for a couple.
Surrogacy laws in the USA vary from state to state.
Arizona and Columbia ban any surrogacy agreement, irrespective of whether it’s paid or unpaid, and reserves the right for the surrogate mother to be the legal mother.
States like New York and Michigan declares surrogacy contracts as void and unenforceable and penalizes the people involved.
Other states like North Dakota, Washington, and Florida prohibit some contracts while allowing most with regulations.
On the whole, almost all states grant the legal right to the birth mother and bestow her with custody rights, if necessary.