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Difference between revisions of "Understanding the Legal System for Family Law Matters"
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Understanding the Legal System for Family Law Matters (view source)
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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 <span class="noglossary">will</span> mostly live, how they <span class="noglossary">will</span> make parenting decisions, how much time each parent <span class="noglossary">will</span> 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 <span class="noglossary">will</span> mostly live, how they <span class="noglossary">will</span> make parenting decisions, how much time each parent <span class="noglossary">will</span> 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 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, elder or community leader for help. Others use a mediator to help them find a solution. Others go to court. | 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 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, elder, 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. 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. In its broader sense, ''the legal system'' also refers to dispute resolution options such as 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]]. | 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. In its broader sense, ''the legal system'' also refers to dispute resolution options such as 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== | ||