Difference between revisions of "Understanding the Legal System for Family Law Matters"

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==Introduction==
==Introduction==


When some couples separate, they just separate and it's over and done with. For other couples, separation raises a bunch of practical and legal problems. If a couple has children, they'll have to decide where the children will mostly live, how decisions will be made about parenting issues will be made, how much time each parent will have with the children, and how much child support should be paid. If one person is financially dependent on the other, they may have to decide whether spousal support should be paid. If the couple has property, they'll have to decide who should keep what.
When some couples separate, they just separate and it's over and done with. For other couples, separation raises a bunch of practical and legal problems. If a couple has children, they'll have to decide where the children will mostly live, how they will make parenting decisions, how much time each parent will have with the children, and how much child support should be paid. If one person is financially dependent on the other, they may have to decide whether spousal support should be paid. If the couple has property, they'll have to decide who should keep what.


When a couple has problems like these, they also have to decide how they'll resolve them. In other words, they need to pick the legal process they'll use to figure everything out and get to a resolution. Some couples go to a trusted friend, family member or community leader for help. Others go to court. Others use a mediator to help them find a solution. Others just talk it out.
When a couple has problems like these, they also have to decide how they'll resolve them. In other words, they need to pick the legal process they'll use to figure everything out and get to a resolution. Some couples just talk it out. Others go to a trusted friend, family member, or community leader for help. Others use a mediator to help them find a solution. Others go to court.  


In its narrowest sense, ''the legal system'' refers to the parties, the judges, the court staff and the lawyers that make up the litigation process, and of course the laws and rules that guide that process. Litigation is only one of the choices you have in finding a solution to your family law problems. Other options include negotiation, mediation, collaborative settlement processes and arbitration.
In its narrowest sense, ''the legal system'' refers to the parties, the judges, the court staff and the lawyers that make up the litigation process, and of course the laws and rules that guide that process. To resolve a legal dispute without going to court, you can negotiate a settlement or you can ask someone other than a judge to decide what should happen. Your options include negotiation, mediation, collaborative settlement processes, and arbitration. You can find out about these alternatives to going to court in the chapter Resolving Family Law Problems Out of Court.


==Choosing the Right Process==
==Choosing the Right Process==
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