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Basics of Family Law
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Marriage
A legally recognized union of two people, typically a man and a woman, in a consensual and contractual relationship recognized by law.
Emancipation
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.
Equitable Distribution
The fair, but not necessarily equal, division of property between spouses upon divorce.
Divorce
The legal dissolution of a marriage by a court or other competent body.
No-Fault Divorce
A divorce where the dissolution of marriage does not require a showing of wrongdoing by either party.
Paternity
Legal acknowledgment of the parental relationship between a father and his child, often established through DNA testing.
Visitation Rights
The right of a non-custodial parent or grandparent, established by court order, to spend time with a child.
Prenuptial Agreement
A written contract created by two people before they are married that outlines the possession of assets should the marriage fail.
Annulment
A legal procedure which cancels a marriage between two individuals, declaring it null and void, as if the marriage never existed.
Child Custody
The legal determination of where a child will live and who will be responsible for the child’s care and decision-making.
Adoption
The legal process by which a person becomes the legal parent of a child who is not biologically theirs.
Alimony
Financial support paid by one ex-spouse to the other after a divorce, as ordered by the court.
Guardianship
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.
Surrogacy
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.
Legal Separation
A court-ordered arrangement whereby a married couple lives apart, leading separate lives but remaining legally married.
Child Support
Financial support paid by a non-custodial parent to the custodial parent for expenses related to the child's care.
Best Interest of the Child
A standard used by courts to make custody and other child-related decisions, focusing on the child's well-being and happiness.
Domestic Violence
A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.
Community Property
A form of property ownership by husband and wife during their marriage that they intend to own together.
Mediation
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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