Family Law

 Domestic  Relations   also known as family law, is the legal area that governs relationships within a family or household. It covers a wide range of topics, including: marriage and divorce.    

Domestic relations is a reference to the field of family law, which governs relations within a family or household. In the past, these relations were limited to those between spouses, parents and children, and legal guardians and wards. Family courts, sometimes called domestic courts, are courts of limited jurisdiction that address issues involving family law. These courts cover a breadth of domestic relations matters including alimony, divorce, domestic abuse, child custody, child support.

A court’s ability to hear matters concerning domestic relations may depend on statutory definitions.

• For example, in Section 3105.011 of Ohio's Revised Code constrains “domestic relations matters” to those that fall under Section 2301.03 as well as complaints for child support, the determination of parental rights and responsibilities, and actions removed or transferred from juvenile courts.

  Marriage is the legal union of individuals. The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law.  Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry and how the marriage can be dissolved. Entering into a marriage changes the legal status of both parties and gives both husband and wife new rights and obligations. One power that the states do not have, however, is that of prohibiting marriage in the absence of a valid reason.  

  A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because doing so serves public policy. To ensure that a particular divorce serves public policy interests, some states require a "cooling-off period," which requires spouses seeking to initiate divorce proceedings to wait a specified time period, typically 60 days, after legally separating before a divorce is granted. In the event of a fault divorce, however, this “cooling-off period” may not be required. Issues related to divorce are typically resolved in family court. 

Courts in the United States currently recognize two overarching types of divorces: absolute divorce, known as "divorce a vinculo matrimonii" and limited divorce, known as "divorce a menso et thoro.” An absolute divorce is a judicial termination of a legal marriage and reverts both parties back to the state of single in the eyes of the law. Traditionally, obtaining an absolute divorce required a showing of fault like adultery or domestic abuse on the part of one of the spouses. 

  Child custody issues arise most commonly in cases of divorce. The court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over the child(ren) and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.

When determining the home in which to place the child, the court strives to reach a decision in "the best interests of the child." A decision in "the best interests of the child" requires considering the wishes of the parents, the wishes of the child, and the child's relationship with each of the parents, siblings, other persons who may substantially impact the child's best interests, the child's comfort in his home, school, and community, and the mental and physical health of the involved individuals.

  Adoption refers to the act where an adult formally becomes the guardian of a child and incurs the rights and obligations of a parent. At the conclusion of the formal process, a legal relationship between child and guardian will have formed. The legal relationship results in the adoptee becoming the legal heir of the adopter and terminates any legal rights then in existence with the natural parents.

Although adoptions have historically fallen within the sphere of state authority, Congress has used its spending power to garner some influence over state adoption programs. Under this program, Congress grants money to the states to carry out their programs if they abide by certain Congressional mandates.

 Domestic violence is an issue common to both criminal law and family law that tends to be statutorily defined. 

For example:

• The Violence Against Women Act (VAWA) states in Section 12291(a)(8) “[t]he term ‘domestic violence’ includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.”

  A last will and testament, also known as a will, is a legal document that outlines how you want your assets distributed after you die.  A will allows you to control what happens to your assets and avoid the state's formulaic distribution process. If you die without a will, it's called dying "intestate" and the courts will distribute your assets according to your state's laws.  

 Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away

Depending on the amount and type of property the deceased person owned, you may or may not need to go to court to transfer or inherit the property. All of the property legally owned by the deceased person is called the person’s “estate.” If you need to go to court, this is commonly called "going through probate." A person's estate may need to go through probate even if they had a will.

  Healthcare directives, also known as advance directives or living wills, are legal documents that outline your preferences for medical care and who should make decisions for you if you are unable to: 

• Living willA document that describes your desired medical treatments and care, including which ones you want to avoid, and under what conditions. You can also specify if you want your organs or tissues donated after you die

  A Living Trust is a legal tool for financial planning that allows a person (Trustee) to hold another person's (Settlor's) property for the benefit of someone else (Beneficiary). Unlike a testamentary trust, a Living Trust goes into effect during the settlor's lifetime. 

  Marital trusts, a vital component in California's estate planning landscape, serve a dual purpose: providing financial security to a surviving spouse and ensuring efficient asset management.  In California, trusts can be treated as either marital community property or separate property, depending on when they were established and how assets are commingled:

• Trusts established before marriage: Generally considered separate property, unless assets were commingled with marital assets
• Trusts established during marriage: Likely considered marital property and subject to equal division
• Other trusts: Domestic or foreign asset protection trusts, revocable trusts, and irrevocable trusts can also protect assets in the event of divorce They are legal arrangements where one spouse places assets into a trust, designating the other spouse as the beneficiary. 

  Declaration of trust is the document used to establish the primary details of a trust. While some states allow oral declarations, many states require a written declaration of trust outlining the essential pieces of the trust in order for it to be legally recognized. 

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