Menu

Exploring The Legal Process


About Me

Exploring The Legal Process

Hello everyone! I'm Gael Phillips. It is nice to meet you. I'm here to talk to you about criminal laws, court proceedings and legal repercussions. I feel that sharing this knowledge is important, as many people do not realize how the legal process works. My first, and only, scrape with the law left me shaken. I did not know what to expect throughout the entire case, so I felt unprepared for the outcome. I hope to share my knowledge with people who are in need of support throughout the legal process. I will also post stories full of information about past legal cases for an idea about how the law works. The legal process doesn't need to be scary and mysterious. Sharing stories can give others the insight they need about their situation. Thanks for visiting, come back often!

Latest Posts

Why You Should Start Your Search For Personal Injury Attorneys Online
23 April 2020

You might know that you want to hire a personal in

How To Get The Best Custody Arrangment
19 March 2020

Once you decide to get divorced, one of the most i

4 Family Law Concepts Everyone Should Know
12 February 2020

When a family attorney explains issues to their cl

Note These Things After Your DUI Arrest
15 January 2020

If you have been arrested for driving under the in

Why Most Divorces Go Down The Same Path
13 December 2019

When people sit down with a divorce lawyer for the

Tags

4 Family Law Concepts Everyone Should Know

When a family attorney explains issues to their clients, a number of topics can come up. Although you're certainly not expected to understand all these ideas like someone with a law license, it's good to have a sense of what the big concepts mean. Here are four such ideas everyone should be aware of.

Parens Patriae

A common complaint that some people have when they go into court is that they don't understand where the government gets off being involved in the case. In American law, the right of the government to deal with family law issues is grounded in its role as the parens patriae, literally the parent of the nation. When families can't resolve matters in a peaceable, safe, or orderly manner, it is the government's right to act as the parent and intervene.

Best Interests

In cases involving children, the "best interests" standard is used to determine how things will be handled. At its core, this includes a belief that both parents should be involved in a kid's life unless there is an extremely concerning reason that can't be permitted. The best interests standard is applied to a wide range of things in a child's life, including their education, spirituality, access to their family's culture, and time with their siblings.

Marital Property

A married couple's property can be dealt with in one of two possible ways when they divorce. First, there is the community property system that assumes everything they acquired during the marriage belongs to both of them unless there's specific evidence refuting that idea. Second, common law states draw the completely opposite inference that everything is personal property unless clearly stated otherwise, such as getting a joint checking account.

Equitable Distribution

Fundamental fairness is applied in most states and in most cases when dividing up assets and liabilities. A divorce attorney will oftentimes use the term "equitable distribution" to describe this concept. Essentially, the idea is that the economic and medical advantages and disadvantages of each spouse should be taken into account.

For example, if one partner made all the money during the marriage, the court is likely to order that partner to pay a certain amount of spousal support for a particular period of time until they can become financially independent. It's also understood that a partner with a physical or mental disability might require spousal support indefinitely. The same idea applies if one of the ex-spouses had been involved in an injurious accident not long before the divorce.