Does Family Law Vary from State to State?
Family Law in Different States
Family law covers a broad legal field which encompasses rules for couples who live together, marriage, prenuptial agreements, divorce, mediation, and alimony. But it also deals with issues such as child support, visitation or child custody matters as well as domestic violence. A NJ family law attorney may also handle cases which pertain to adoption, elder care, senior law or same sex marriages. The trouble is that the laws which govern these areas of family law can very vastly between states. Family law courts will hear various cases which involve these one or more of these areas and make determinations based on the presiding laws of their state or region. It is always a very good idea to hire a family law attorney who can represent you in court when it comes to family matters.
What regulations pertain to family law?
Family law is largely ruled by statute, but the common law precedent does play a very important role. It is essential that a family law attorney be familiar with precedent setting family law cases in their particular region. Even though the family court is one of the most familiar bodies of judiciary law, other courts and administrative bodies may have some say so in some jurisdictions as well.
The Uniform Interstate Family Support Act
As a general rule, a court cannot have jurisdiction over a parent or child which is not a resident of the state or region. However, the Uniform Interstate Family Support Act (UIFSA) allows states a little more jurisdiction in family law matters dealing with child support. Normally a court has no jurisdiction over a nonresident. When there are child support issues, the state has the right to enforce court orders but if the child or parent moves to another state the court did not have any jurisdiction until the passing of the UIFSA. This allows states to enforce child support orders between states in states which are UIFSA states. When an order is issued in one state, then another state can enforce the orders on an individual who resides in that state. The UIFSA allows an order to be enforced by withholding income and sending it directly to an employer who is in another state.
UIFSA Coordinators
According to the UIFSA statutes each state must provide a coordinator which can help parents file child support orders that will be enforced between states. The UIFSA coordinator will work with parents and the family law attorney to see that the interstate child support applications are filed properly. This keeps a parent from having to travel between states to file for child support.
Can I divorce someone in another state?
Sometimes married couples choose to separate and end up residing in different states. It can be challenging getting a divorce under these circumstances because each state can have different laws pertaining to divorce. Most states have residency requirements which state that a spouse must reside in a state for a certain length of time before they can file for a divorce. In order for a court to have jurisdiction it must have it over both parties. For this to happen the non-filing spouse must be served in person and must agree to appear in the filing spouse’s state’s court. They will also have to sign an affidavit confirming that they received the divorce papers or will follow the court’s rulings. As long as they can meet the residency and jurisdictional requirements a family law attorney can help them obtain a divorce even if they live in two separate states. Remember that choosing the state to file divorce proceedings in is important because it can have a huge influence on family law issues such as child custody rights, alimony or distribution of marital property.
What regulations pertain to family law?
Family law is largely ruled by statute, but the common law precedent does play a very important role. It is essential that a family law attorney be familiar with precedent setting family law cases in their particular region. Even though the family court is one of the most familiar bodies of judiciary law, other courts and administrative bodies may have some say so in some jurisdictions as well.
The Uniform Interstate Family Support Act
As a general rule, a court cannot have jurisdiction over a parent or child which is not a resident of the state or region. However, the Uniform Interstate Family Support Act (UIFSA) allows states a little more jurisdiction in family law matters dealing with child support. Normally a court has no jurisdiction over a nonresident. When there are child support issues, the state has the right to enforce court orders but if the child or parent moves to another state the court did not have any jurisdiction until the passing of the UIFSA. This allows states to enforce child support orders between states in states which are UIFSA states. When an order is issued in one state, then another state can enforce the orders on an individual who resides in that state. The UIFSA allows an order to be enforced by withholding income and sending it directly to an employer who is in another state.
UIFSA Coordinators
According to the UIFSA statutes each state must provide a coordinator which can help parents file child support orders that will be enforced between states. The UIFSA coordinator will work with parents and the family law attorney to see that the interstate child support applications are filed properly. This keeps a parent from having to travel between states to file for child support.
Can I divorce someone in another state?
Sometimes married couples choose to separate and end up residing in different states. It can be challenging getting a divorce under these circumstances because each state can have different laws pertaining to divorce. Most states have residency requirements which state that a spouse must reside in a state for a certain length of time before they can file for a divorce. In order for a court to have jurisdiction it must have it over both parties. For this to happen the non-filing spouse must be served in person and must agree to appear in the filing spouse’s state’s court. They will also have to sign an affidavit confirming that they received the divorce papers or will follow the court’s rulings. As long as they can meet the residency and jurisdictional requirements a family law attorney can help them obtain a divorce even if they live in two separate states. Remember that choosing the state to file divorce proceedings in is important because it can have a huge influence on family law issues such as child custody rights, alimony or distribution of marital property.