The Most Common Types Of Family Law Cases: The Ultimate Guid

The Most Common Types Of Family Law Cases: The Ultimate Guide

There are many family law cases, but they all have one thing in common- they involve relationships between people.

Most family law cases involve disputes between spouses, parents, children, or siblings.

There are also cases involving foster parents, adoptive parents, grandparents, and grandchildren. Family law is a complex area, and each case is unique. However, the most common causes include divorce, child custody, child support, and spousal support. 

Each patient can involve different legal issues, including property division, child visitation, and alimony. If you are interested in a family law dispute, it is important to have a family law attorney who can help you navigate the legal system and protect your rights.


Divorce is the legal word for ending a marriage. Many reasons a couple may need to end their marriage include adultery, physical or mental abuse, or a lack of financial stability. If one spouse wants the divorce, a judge can grant that request. 

However, if the other spouse does not want the divorce, the judge can take a long time and many court appearances to decide. Therefore, a divorce may occur in many ways.

Mutual consent

Mutual Consent Divorce is possible when both spouses agree that it is time to end the marriage. Although a couple may be unable to work out all the details, it could occur without a lawyer’s help.

The initial step in a mutual consent divorce is for one spouse to sign a written divorce declaration, which the other spouse marks. 

Moreover, the couple must file this document with the court. The judge will then issue an order for the spouses to appear in court.

Court order

This type of divorce is called legal divorce. The court initiates it in response to a petition filed by one spouse and supported by the evidence presented in court. 

Legal proceedings often take longer than mutual consent because the process involves more parties and witnesses.

Court-approved divorce

This type of divorce is the least formal and can take place without a lawyer’s help. The initial step in a mutual consent divorce is for one spouse to sign a written divorce declaration, which the other spouse marks.

Child custody

Child custody is the legal right to decide on a child’s education, health care, and general welfare. Parents have this right unless a court determines another arrangement is in the child’s best interest.

When parents divorce, child custody is the most important issue they must resolve. The custody arrangement determines the parents’ rights and responsibilities to their children. There are three types of child custody.

● Physical 

● Legal

● Joint control

Physical custody is where the child abides most of the time. Legal custody is who makes decisions about the child’s welfare, such as medical care, education, and religion. Joint custody means both parents share physical and legal custody.

The court considers several factors when deciding what custody arrangement is in the child’s best interests. 

● Parents’ abilities to cooperate and make decisions jointly on whether either parent has been abusive or neglectful. Each parent’s willingness to facilitate a relationship between the child and the other parent. 

But, again! A family law attorney can help you navigate the problem and help you to solve it in legal ways.

Child support

Child support is the money one parent gives the other when there are children in the marriage. Cohabitation is when two people live together, without getting married, and have formed a bond of affection and commitment. 

A conjugal visit is the right of a spouse to visit the other at reasonable times. Custody is the legal right of both parents to make decisions concerning a child’s education, health care, and general welfare.

Spousal support

Spousal support is a term most often heard in divorce proceedings. It is also known as alimony. Spousal support generally refers to payments made from one spouse to another following a separation or divorce. 

Spousal support ensures both parties have the financial resources to live independently following a split.

Several types of spousal support are temporary, rehabilitative, and permanent. Quick spousal support gets awarded while the divorce proceedings are ongoing to provide the recipient with enough money to live on until a final settlement is reached. 

Spousal support is to help the recipient get back on their feet after unemployment or underemployment. This type of spousal support is for a limited period, and the recipient must meet certain conditions set forth by the court to receive it. 

Permanent spousal support is to provide an ongoing income after a divorce. Endless spousal support is often when the marital home gets sold, and the spouse receiving the support will continue to live in the house.


There are five common family law cases: divorce, child custody, child support, alimony, and property division. 

If you are considering filing a family law case, it is important to understand the basics of each type of case and how they may impact your life. For more information or legal advice, please contact a family law attorney.

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