Family Law
Family law is the part of civil law that regulates marriage, prenuptial agreements, divorce, child custody, domestic violence and other family issues. Depending on the state, family law cases may be heard in superior court or in civil court. Some states have a separate family law division of the court because of the large number of family law cases, including specialized courts for domestic violence and children’s services.
Domestic Violence
Domestic violence issues, though criminal in nature (either misdemeanor or felony) are generally handled in a family court because it is most effective to have one judge settle all the violence, divorce and child custody issues. Domestic violence injunctions are usually filed in the family court. If there is a divorce at the time of the domestic violence, or if the parties are still together but decide to get a divorce before the Final Judgment is entered in the domestic violence case, the attorney may motion the court to have both cases combined. Often issues in the domestic violence case overlap issues in the divorce case. It is common, when the parties are separated because of a domestic violence injunction, that the parties begin a custody battle—or if both parents agree with the court on primary and secondary custody, a battle may ensue if the primary parent refuses the secondary parent his or her visitation rights.
Separation Agreements
Family law courts also review separation agreements in states that have separation, whether mandated or voluntarily entered into. If the parties enter into a separation agreement and one party does not keep his or her end of the agreement, the injured party may petition the court for intervention.
Mediation
Whether the parties think it will work or not, many family law courts require that the parties attend mediation and attempt to work out a settlement agreement prior to litigating the issues in the divorce case. If mediation is a requirement, the court will provide a mediator at low cost or the parties may use a private mediator. Court mediation is generally limited to a time frame of a few hours or less. The time limit in private mediation is only dictated by the parties’ ability to pay, and couples have a better chance of getting a settlement with a private mediator.
Once the court enters a Final Judgment of Dissolution of Marriage, the court expects the parties to abide by the order. This does not always happen—whether purposefully or not. Sometimes unforeseen circumstances arise, preventing one of the parties from obeying part of the order (usually paying child support, alimony, a liability, child visitation). The injured party may take the other party to court. In most states, the old divorce case is usually reopened and all new actions get filed under the same case number. A case will remain reopened until another final judgment or settlement agreement is entered.