Family law is the field of law that deals with all matters relating to family units and other domestic relationships, such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abuse, child neglect, child support, child adoption, paternity proceedings, child visitation rights, child custody, alimony, family property separation, etc. The family lawyers sometimes act as counsellors, mediators, conciliators, negotiators, etc. Sometimes the courts that adjudicate on family law cases often act when mediators as they try to reconcile members of the same family in order to solve their problems is cooperative so as to maintain their friendship. Have a look at Jensen Family Law – Mesa.
The content of this type of legislation differs from jurisdiction to jurisdiction, because the concepts underlying it are essentially borrowed from society. For instance, in societies where same sex relationships are not accepted, this type of law requires that such union can not be recognized in court as marriage.
Like all other branches of law, in an attempt to address the mediate problems in families, family law has undergone several changes. For example, most cultures have attempted to legalize partnerships that ‘come we stay’ if the parties involved live together for a certain period of time.
One of the most popular modern trends in family law is the collaborative law that refers to a structured process that provides parties seeking divorce or parties involved in other disputes with alternative names of resolving their dispute rather than going through the expensive, lengthy court litigation process. Collaborative legislation allows marriage partners or planned civil union to take charge of their fate by employing family attorneys who are committed to resolving family disputes and family relationships through respectful talks and mediation without intervention of the courts.
The reason why modern family law discourages the parties from going to court is that they have win-lose outlook for court decisions. The case in court is also complicated, and as with all legal matters, it is costly and can take a long time to resolve the matter.
Disputes between family members can be settled amicably in shared family law so as to ensure that their family relationship is maintained. The joint family lawyers accept that if one party decides to go to court, they will not represent their respective parties in court proceedings. Collaborative family law has achieved good results in the amicable solution of family disputes in the jurisdictions in which it has been applied. In some cases it has effectively reconciled parties that would otherwise have split if the court had ruled on the matter.
Collaborative family law is not only beneficial in keeping families together but also less stressful to family lawyers. This ensures that conflicts within the family are resolved easily and amicably.