Alimony, Child Support, and More: Family Law Terms Explained

As the name suggests, family law deals with familial relationships and related legal issues that may arise, such as annulment and divorce, child custody, adoption, guardianship, paternity, and more. Because these issues involve family members, there is often a lot of emotion involved, and cases can be complicated and sensitive. 

Seeking out an attorney familiar with the area of family law can be helpful as you navigate the family court system. Many law firms have attorneys who specialize in family law who can provide sound advice and legal representation when you need it. 

If you are looking for a family law attorney in Portland, OR, for instance, the law firm of Warren Allen LLP has experienced attorneys who have handled many cases involving prenuptial agreements, separations, divorces, establishing paternity, settling child custody issues, and other related issues. 

To better understand the issues covered by family law, the following guide provides brief definitions and descriptions of some of the most common family law terms.

Legal Issues Related to Marriage

At its best, marriage is a lifetime partnership between two people who love and support each other. It is also a legal contract with shared rights and responsibilities. Below are some legal issues relating to marriage or the dissolution of one:

Prenuptial Agreement

Sometimes referred to as a “prenup,” a prenuptial agreement is a legally binding contract that a couple agrees to before marriage. Prenuptial agreements usually outline the couple’s wishes for the distribution of assets, debts, and alimony or spousal support should the marriage end in divorce, separation, or the death of one of the spouses.

Annulment

Although most people think about divorce (see below) as the only way to legally end a marriage, under certain circumstances, a court may grant an annulment. An annulment is a legal declaration that a marriage contract is void, meaning the marriage never existed legally. Grounds for an annulment are situations that would challenge the validity of the marriage (e.g., fraud, bigamy, lack of mental capacity, legal age issues, undue influence, impotence, and more.).

Separation

Some married couples choose to live apart but remain legally married for financial, religious, or other reasons. This type of arrangement is known as legal separation. While separation sometimes ends in divorce, that is not always the case. In most cases, couples sign a separation agreement that formally outlines the rights and responsibilities of each spouse, especially if there are child custody (see below) or visitation issues.

Domestic Violence

Unfortunately, some family relationships involve abuse or violence within a domestic setting. Domestic violence is not limited to physical abuse but also encompasses emotional and psychological abuse. Partners who are dating, spouses, children, and elders can all experience domestic violence and might require legal intervention such as getting a protective order or pursuing criminal charges.

Divorce 

When a couple chooses to terminate their marriage contract legally, it is known as divorce. Divorce legally dissolves the marital relationship, and the involved parties must agree on several issues, such as the division of assets and debts, spousal support, child support, and child custody. 

Mediation

Although many divorces are amicable, if a couple has difficulty reaching a mutually acceptable agreement, involving a neutral third party known as a mediator can be helpful. The mediator can facilitate communication and can negotiate solutions to resolve disputes. Mediation can be especially beneficial in contentious or complicated divorces.

Alimony or Spousal Support

When one spouse earns less than the other, the higher-earning spouse may be required to provide financial support to the lower-earning spouse to help them maintain their standard of living after a divorce. This financial assistance, known as alimony or spousal support, may be permanent or just until the lower-earning spouse can support themselves financially.

Legal Issues Related to Children

When children are involved in family law cases, the child’s best interests should always be considered. The following legal issues might arise in cases of separation or divorce (see above) for spouses who share children:

Child Custody

In the eyes of the law, child custody refers to the rights and responsibilities of each parent to care for their child. Physical custody refers to which parent the child lives with, and courts grant either joint or sole physical custody. If one parent has sole physical custody, the other parent usually has visitation rights. Legal custody refers to which parent has the right to make important decisions about the child’s healthcare, education, religious upbringing, and more. Joint legal custody requires both parents to be involved in the decision-making.

Child Support 

As with spousal support (see above), child support is the legal obligation of one party to contribute financially to the needs of another. In this case, one parent makes court-ordered payments to cover costs related to basic needs like housing, food, education, healthcare, clothes, school supplies, etc.

Guardianship

Sometimes, a court may grant legal authority to someone to care for another person (often a minor) who cannot care for themselves. Known as a guardian, the individual then bears the legal responsibility to make decisions on that person’s behalf and provide them with care.

Guardianship is sometimes necessary to help aging parents or adults with intellectual or developmental disabilities. When it comes to children specifically, guardianship of a minor might be granted to someone if the minor’s parents have abandoned them or died or when the minor’s parents are not capable of providing adequate care. 

Family Law Attorneys in Portland

The descriptions above provide a general overview of common family law terms. Laws can vary by state and jurisdiction, so getting legal advice from a local attorney well-versed in your area’s family court system is essential. If you’re looking for a family law attorney in Portland, OR, or the surrounding areas of the Pacific Northwest, Warren Allen LLP offers top-quality legal services to clients in Portland, Southwest Washington, and all across Oregon and Washington. Contact us today to discuss your case.