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Basics of Family Law

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Marriage

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A legally recognized union of two people, typically a man and a woman, in a consensual and contractual relationship recognized by law.

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Emancipation

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A legal process through which a minor becomes self-supporting, assumes adult responsibility for their wellbeing, and is no longer under the care of their parents.

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Equitable Distribution

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The fair, but not necessarily equal, division of property between spouses upon divorce.

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Divorce

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The legal dissolution of a marriage by a court or other competent body.

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No-Fault Divorce

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A divorce where the dissolution of marriage does not require a showing of wrongdoing by either party.

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Paternity

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Legal acknowledgment of the parental relationship between a father and his child, often established through DNA testing.

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Visitation Rights

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The right of a non-custodial parent or grandparent, established by court order, to spend time with a child.

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Prenuptial Agreement

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A written contract created by two people before they are married that outlines the possession of assets should the marriage fail.

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Annulment

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A legal procedure which cancels a marriage between two individuals, declaring it null and void, as if the marriage never existed.

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Child Custody

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The legal determination of where a child will live and who will be responsible for the child’s care and decision-making.

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Adoption

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The legal process by which a person becomes the legal parent of a child who is not biologically theirs.

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Alimony

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Financial support paid by one ex-spouse to the other after a divorce, as ordered by the court.

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Guardianship

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A legal relationship where a person is appointed to make decisions and care for another individual, who is usually a minor or an incapacitated adult.

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Surrogacy

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An arrangement wherein a woman agrees to carry and give birth to a child for another person or couple, who will become the child's parent(s) after birth.

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Legal Separation

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A court-ordered arrangement whereby a married couple lives apart, leading separate lives but remaining legally married.

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Child Support

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Financial support paid by a non-custodial parent to the custodial parent for expenses related to the child's care.

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Best Interest of the Child

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A standard used by courts to make custody and other child-related decisions, focusing on the child's well-being and happiness.

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Domestic Violence

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A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.

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Community Property

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A form of property ownership by husband and wife during their marriage that they intend to own together.

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Mediation

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A form of alternative dispute resolution (ADR) in which a neutral third-party assists the parties to voluntarily reach a mutually acceptable settlement of their disputes.

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