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Welcome to Family Law studies at Free-Ed.Net
Family law encompasses marriage, adoption, divorce,
custody, death, and estate planning. Laws on these
topics vary from state to state. Most states define
marriage as a civil contract between a man and a
woman to become husband and wife. The traditional
way to marry is to get a marriage license from a
state-authorized official, then participate in a
formal civil or religious wedding ceremony.
The grounds for divorce depend on the state, and may
be based on no-fault or fault. A no-fault divorce is
available in some form in all 50 states; many states
also have fault-based grounds as an additional
option. A no-fault divorce is one in which neither
the husband nor the wife officially blames the other
for the breakdown of the marriage. Common bases for
no-fault divorce are "irreconcilable differences,"
"irretrievable breakdown" or "incompatibility."
Another common basis for no-fault divorce is that
the parties have lived separately for a certain
period of time with the intent that the separation
be permanent. 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.
If the parents cannot agree on custody of their
child, the courts decide custody based on "the best
interests of the child." Determining the child’s
best interests involves many factors, no one of
which is the most important factor. 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
most cases, adopted children may inherit on an equal
basis with biological children under state laws of
distribution upon death of a parent. In some states,
doctrines of "equitable adoption" allow courts to
recognize adoptions when not all statutory
procedures have been carried out.
This introduction is provided by
USLegal.com
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General Topics for
Study |
These topics are covered in a first course
of law for paralegals. Most of these topics
then appear as separate and more advanced
courses. |
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The family law practice
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Premarital and
cohabitation agreements
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Marriage, cohabitation,
and emerging alternatives
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Divorce, dissolution and
annulment
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Division of property and
debts
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Discovery and financial
statements
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Alimony
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Parenthood
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Child custody and
visitation
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Child support and
paternity
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Adoption, in vitro
fertilization, and surrogacy
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Family violence
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Pretrial motions and
orders
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Postjudgement issues
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Negotiations, hearings,
and trials
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