If you are getting a divorce, it is important that you understand some of the peculiarities of divorce and family law courts. Below we have some information about family law and some tips to help you be informed on how the courts work and how you can make the process easier.
What is Family Law?
Generally, the court system is dived into civil and criminal courts. Criminal matters like theft and robbery are the concern of criminal courts. Civil matters, which typically concern relations between businesses and individuals, are the concern of the civil court system. Civil courts can rule on cases that require the strict application of law, such as contracts, or principles of equity, such as custody hearings and divorce.
Until recently, family courts were called courts of equity. There are still a few courts of equity in certain jurisdictions, but most of them have since been subsumed under civil courts generally. Courts of equity were, and are, charged with determining how a civil case can be solved in a fair and equitable way. This includes the division of assets, child custody, alimony and child visitation rights.
In cases involving family law, such as a divorce, the civil court is responsible for ensuring that principles of fairness are followed in conjunction with strict application of law. And in child support and custody, principles of equity often trump the strict rules of law.
What This Means for You
Because family law issues are decided by the application of equity as much as law, there are some important things to consider as you enter this arena. Here are some things you need to think about.
Get a Family Law Attorney
Whether civil or criminal, courts are complicated areas and follow complicated rules. For someone who has never been there, it can be overwhelming. That’s why it’s important to get a family law attorney. A family lawyer will know the ins and outs of the court proceedings, what can help your case, and what can hurt it. They know how to make sure that the court rulings are indeed fair.
Once you have retained an attorney and are beginning the divorce court process, you must maintain your composure and follow all the instructions of the court. Since family law courts are not as concerned with the application of law as they are equity, rulings can be subjective and based on the temperament of the judge. Failing to abide by a court ruling or standard rules of decorum can shift the judge’s perception of your character and case, especially if the case is highly contested. Outside of the court, bad behavior can result in restraining orders and other negative outcomes.
When it comes to child custody, remember that the welfare of your children come first. Think about what is fair for your child or children and not necessarily yourself. This can be a very difficult thing to do, especially if that means that you will be separated from child for large chunks of time. But by making decisions for you children that are best for them, even if they aren’t the best for you, you are going a long way to ensuring that you maintain a good relationship in the future. When kids are treated like objects to be bartered and traded in a family law preceding, they can be become resentful and your relationship can erode.
Reno Family Law with Kalicki Collier
Kalicki Collier of Reno recognizes that divorce and family law matters can be difficult. Our experienced Reno family law attorneys will be there to help you from filing to custody hearing to resolution. The whole Kalicki Collier Law Team will be behind you during this difficult process and be your guide to navigating the family legal system. Contact us today to get in touch with one of our caring and knowledgeable family law lawyers.