Family Law: What It Covers And When You Need A Lawyer (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Family law governs domestic relationships of all types
- It can address marriage, divorce, adoption and separation
Family law is an extensive category of law that addresses complex topics like divorce and spousal support. Because of the emotions typically connected with these topics, it’s essential to have an attorney assisting you. Learn more about family law and when it may be time to contact a lawyer for help.
What Is Family Law and What Does It Cover?
Family law is a branch of law that addresses domestic relationships, like marriage, divorce, spousal support, adoption and separation.
Marriage and Prenuptial Agreements
Family law helps to regulate prenuptial agreements. What is a prenup? It’s a legally binding document created by two people before marriage that details how debts, assets and property will be divided if a partner dies or if you go through a divorce. These are complex legal documents with a variety of rules that apply to them.
Family law also covers all marriage procedures, including civil partnerships and legal separations. It can help address the differences between a domestic partnership vs. marriage so that you can determine the best possible option for you and your loved one.
Divorce, Annulment and Legal Separation
If you’re looking for how to get a divorce, you need an attorney who works in family law. They will be able to explain what the separation of assets can involve, which is essential when it comes to marriages with joint businesses, numerous assets or large properties.
Divorces can be contested or uncontested. The laws that apply to them can vary from one state to the other, especially when dealing with fault-based or no-fault divorces. Although all states allow for no-fault divorce, only 33 of them still have fault-based options. Georgia, for example, grants a total divorce for issues like adultery, desertion or habitual intoxication.
Some states require a period of separation before granting a divorce. North Carolina is one of these. To get a divorce there, you must be separated for a year.
Family law also regulates annulments, which void a marriage. It will apply to marriages that were not legal to begin with, so they were never actually marriages, or those that can be voided for very specific reasons. Annulments can occur if the marriage involved incest, bigamy or fraud, for example. Each state may have its own rules about annulments.
Legal separations are also governed by family law. A legal separation is a court-ordered arrangement where a married couple lives apart and divides assets and debts as if they had gotten a divorce. These processes don’t end the marriage, however, so neither party can remarry.
Child Custody Arrangements
Family law also governs custody arrangements for parents who are getting divorced or legally separated. The law helps to determine legal and physical guardianship and can assist with the formation of parenting plans and visitation schedules. If changes in circumstances occur, family law can revisit the arrangements so that the child’s rights are always placed first.
Child Support Obligations
Parents have an equal responsibility to support their children. Family law helps to establish financial obligations that each parent has to ensure that the child has adequate care after a divorce or separation.
Spousal Support and Alimony
Another aspect of family law is spousal support, also known as alimony. It helps to establish what one spouse should pay the other if there is a financial disparity after the dissolution of the marriage. Family law will assist in deciding how long the spouse must offer this assistance and the exact amount of alimony they will need to provide.
Adoption and Foster Care
Family law also governs the legal process of adoption and foster care, helping families to expand while protecting the rights of children. It addresses issues like terminating parental rights and moving a child from foster care into the adoption process.
Paternity and Property Division
Fathers who are not married to the mother of their child will need to establish paternity. Paternity can also be requested by the mother of the child to help establish child support responsibilities.
Family law also governs property division during separations and divorces, which can be especially complex if there are children involved.
Domestic Violence and Restraining Orders
Family law makes it possible to secure restraining orders if someone has suffered domestic violence.
When to Hire a Family Law Attorney
If you are facing contentious or complex changes in your family, like divorce, separation or adoption, you need assistance from a family law attorney. They can help you fight for your rights and what is best for your family.
At ConsumerShield, we can connect you with experienced lawyers in your area who can guide you through any challenge you face. Contact us to get started.
Cohabitation Agreement
What Is A Will
Frequently Asked Questions
-
The fees will vary depending on your location and the experience level of the attorney. The complexity of the case might also influence the fee. Some attorneys charge hourly rates, while others require retainers, which are advanced payments held in trust.
-
Not all family law cases go to court. It’s often possible to reach agreements among all parties via mediation and other similar strategies. If there is contention or serious disputes, however, it may be necessary to go to family court.
-
If you live in a state that allows fault-based divorces and you can demonstrate that your spouse was wrongful in their conduct, it may have repercussions on everything from spousal support to property division. The at-fault party may get less than what they would have otherwise received.
