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Family Law Essentials

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Advance Directive

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A legal document by which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves due to illness or incapacity. Example: A living will is a type of advance directive that contains a person's wishes regarding life-prolonging medical treatments.

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Collaborative Law

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A legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children. Example: Collaborative law often involves a series of four-way meetings with the parties and their respective attorneys.

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Guardianship

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A legal relationship in which a person (the guardian) has the authority and the duty to care for another's person or property due to the other's incapacity or minority. Example: A court may appoint a guardian for a child if the parents are unable to care for them.

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Visitation Rights

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The legal right granted to a non-custodial parent to visit with their children for a set period of time. Example: After a divorce, the non-custodial parent might be granted the right to spend weekends or holidays with their children.

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Community Property

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A legal regime used by some states under which property acquired during a marriage is presumed to be owned jointly by the spouses and is divided equally upon divorce. Example: California follows the community property system for the division of assets and debts.

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Mediation

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A form of alternative dispute resolution where an impartial third party, the mediator, assists two parties to negotiate a settlement. Example: Couples undergoing divorce might use mediation to resolve issues around property division and child custody without going to trial.

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Adoption

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The legal process by which a person takes another person's child into their family to be raised as their own. Example: A couple may adopt a child domestically or internationally through various agencies or legal arrangements.

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Best Interests of the Child

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A legal standard used to decide custody and other issues related to children, where the main concern is the child's happiness, security, mental health, and emotional development. Example: Courts follow the 'best interests' standard when determining child custody arrangements.

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Legal Separation

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A legal status where married couples may disentangle their lives without officially terminating the marriage. Example: A couple may choose legal separation instead of divorce due to religious or financial reasons.

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Parental Rights

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The legal rights and responsibilities that a parent has in relation to their child, such as custody, upbringing, and education. Example: Parental rights can be affected by legal actions like adoption or termination scenarios.

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Child Support

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A continuous, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. Example: Child support payments are often determined by the court based on income and custody arrangements.

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Emancipation of Minors

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A legal process through which a minor can gain independence from their parents or guardians, becoming responsible for their own welfare. Example: Emancipation may be granted to a 16-year-old who can prove financial and social stability without parental support.

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Domestic Partnership

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A legal or personal relationship between two individuals who live together and share a common domestic life but are not married. Example: Some jurisdictions offer domestic partnership registries that give some of the same benefits as those of married couples.

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Alimony

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A legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. Example: One spouse may be required to pay alimony to the other after divorce, often based on the length of the marriage and earning disparities.

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Non-Marital Property

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Assets and debts that belong to one spouse exclusively and are not subject to division in divorce. Example: Property acquired by one spouse before marriage or by gift or inheritance is often considered non-marital property.

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Annulment

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A legal procedure which cancels a marriage, declaring it as if it never existed. Example: A marriage may be annulled if one party was already married to someone else, underage, or lacked the capacity to consent to the marriage.

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Juvenile Delinquency

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The participation by a minor child, usually between the ages of 10 and 17, in illegal behavior or activities. Example: Juvenile delinquency can lead to interventions in the juvenile justice system rather than the regular criminal courts.

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Equitable Distribution

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A legal principle used in some states to divide property fairly upon divorce. Example: Even in an equitable distribution state, an equal split of assets is not always the result; 'fair' may not mean 'equal'.

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Marriage

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A legally recognized union between two people, typically a man and a woman, in which they are united sexually, cooperate economically, and may give birth to, adopt, or rear children. Example: In many jurisdictions, marriage is legally established by a ceremony or the issuance of a license.

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Child Custody

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The care, control, and maintenance of a child, which can be legally awarded by the court to an agency (in cases of child abuse or neglect) or to one or more of the parents. Example: In a divorce, a court could award sole custody to one parent or joint custody to both.

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Paternity Test

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A genetic test used to determine whether a man is the biological father of a child. Example: A paternity test may be ordered by the court when a man denies fathering a child or when child support is in question.

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Foster Care

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A temporary arrangement in which adults provide for the care of a child or children whose birth parents are unable to care for them. Example: Children in the foster care system may live with relatives, with foster parents, or in group facilities.

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Palimony

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A form of financial support similar to alimony, paid to one member of an unmarried couple by the other after separation. Example: Palimony may be awarded when a long-term relationship ends, and one partner has been financially dependent on the other.

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Spousal Support

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Financial payments made from one spouse to another after a separation or divorce, which is separate from alimony and child support. Example: Spousal support might be awarded temporarily while the divorce proceedings are ongoing.

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Conservatorship

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A court-appointed role that allows one person to manage another's financial affairs when they are unable to do so themselves due to mental or physical incapacity. Example: A conservator may be assigned to handle the affairs of an elderly person with dementia.

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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. Example: Domestic violence can include physical, emotional, psychological, or sexual abuse, and is addressed within family law.

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Postnuptial Agreement

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A written agreement executed after a couple gets married, or has entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. Example: A postnuptial agreement might be pursued when one party comes into a large inheritance after the wedding.

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Surrogacy

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An arrangement where 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. Example: Gestational surrogacy involves implanting an embryo created through IVF into the surrogate.

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Divorce

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The legal dissolution of a marriage by a court or other competent body. Example: No-fault divorce allows a couple to divorce without the necessity of proving wrongdoing by either spouse.

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Prenuptial Agreement

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A written contract entered into by a couple prior to marriage that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends. Example: A prenuptial agreement may include provisions for division of property and spousal support in the event of divorce.

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