Divorce & Family Law

 Family Law Overview

Family Law involves divorces, separations, child custody disputes, paternity disputes, property settlements, child support, spousal support, guardianship and juvenile matters.  These are handled in a special division of the Circuit Court known as the Family Court, by Family Court Judges that will have all cases involving members of one family assigned to them.  Thus, a Family Judge who hears a divorce case will also decide the custody and support issues, any juvenile matters brought to the Court, allegations of neglect or abuse of the children and enforcement of legal obligations and Court Orders brought into the same Court involving members of that family.  It is hoped that the Judge, the Judge's staff and the Friend of the Court staff will be able to provide all around attention and adjudication to these matters as they will affect each other.  In this way, if all of the necessary and relevant information is provided to the Court, the Judge can make determinations and rulings that are not contradictory or cause absurd results in application.  In those cases brought before the Court, therefore, it is important that all of the necessary information and other matters are brought to the Court's attention.

Divorce law is based on the principle of equity - that fairness be done to all of the parties involved.  Thus, results may not be pre-determined and may not involve precisely even divisions of property and time.  The Court is permitted leeway to do the just thing and not simply the statutory result.  Many factors come into play in the Court's determination of its result.  Those factors are determined by statutory mandates and prior case decisions on the same issues.  The Court will consider the needs and abilities of the parties, the past actions and conduct and special concerns of each case in crafting its determination.   For example, in determining the custody of and parenting time for a minor child, the Court is to look to the best interest of the child.  This includes factors such as the parent's ability to provide for the child, the ability to provide guidance and care to the child, the ties between parent and child, the permanence and importance of maintaining continuity, the parental relationship and ability to foster a relationship between the child and other parent, the child's background and record, the mental, physical and moral fitness of the parents, and the child's concerns and preferences.  In deciding the proper, custody and parenting time, a Court is required to examine, consider and rule on each factor, together with any special and specific considerations to the case.  The Court must create a custodial and parenting plan that is fit for and specific to each family's circumstances and needs.  Other Family Court issues are determined in a similar fashion.

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