What does a Family Law Attorney do?

Family law attorneys traditionally cover marriage, adoption, divorce, custody, and domestic violence. Laws on these topics will vary from state to state so it is a good idea if you are considering a divorce or any other family law issue that you find a local family law attorney.

The grounds for divorce depend on the state, and may be based on no-fault or fault. While some form of a no-fault divorce is available in all 50 states; many states also have fault-based grounds as an additional option.

A no-fault divorce is one in which either the husband or the wife can file for divorce and they do not have to have a reason beyond "irreconcilable differences". The list of grounds for a fault-based divorce may include: adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one’s spouse with venereal disease.

When dealing with children typically if the parents cannot agree, the courts decide custody based on "the best interests of the child." This is very tricky and can involve many factors, no one of which is the most important factor. It is strongly recommended that if you are dealing with a child custody issue that you seek the council of a local family law attorney. All 50 states have adopted child support guidelines. Some states use tables that indicate a support amount for different ranges of income, similar to tax tables. Although some states base support on the payor’s income, many states use an income shares model, which is based on the income of both parents.

Adoption is the process by which a legal parent-child relationship is created between individuals not biologically parent and child. In some states, doctrines of "equitable adoption" allow courts to recognize adoptions when not all statutory procedures have been carried out.

For more information about domestic violence or any other family law issue visit our "Information Center" section.