Family Law

"Family law" is the term applied to the laws and rules developed regarding family relationships. Family law defines not only the relationships between members of a family but also between a family and society. Family law reflects the values society shares regarding how people who are related should treat each other.

When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law advocate at B.N. Nagaraja ‘s firm, can prove crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome.

Typically, family law attorneys assist people in either building or dissolving family relationships. Specific areas of representation include marriage and relationship planning, divorce, maintenance, alimony/spousal support, child custody, guadianship and domestic violence. Some family law advocates also aid in the areas of anticipatory bails from dowry harassment cases.

Marriage

Marriage is a legal union as much as it is a romantic one. In India the inclusion of diverse backgrounds in religion, customs, traditions, and cultures provide a different kind of marriages. Many couples find it helpful to work through registration of their marriage and celebration of their marriage according to their customs. 

Because marriage is a legal and sacrosanct union, it may be wise to consult with an attorney at B.N. Nagaraja’s firm about the advantages of premarital mediation and for seeking help with the registration of your marriage beforehand.

Divorce

Divorce is a method of terminating a marriage. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children. In India, Divorce laws are derived based on different religions and few laws governing the same are Hindu Marriage Act, Indian Divorce Act, Dissolution of Muslim marriage Act, Aryan Marriage Act, etc. The Law & Mediation Office, at B.N. Nagaraja, A.P.C., mainly focusses on family law or personal law which comprises of Hindu Law and Mohameddan Law and other statutes include – Indian Divorce Act, 1869 and Special Marriage Act, 1956. The following are the legal solutions offered by the Office:

1. Divorce

2. Judicial Separation

3. Nullity of Marriage

4. Custody of minor child/children

5. Maintenance

6. Restitution of Conjugal Rights

In most laws you may need to prove fault, commonly referred to as "grounds," to obtain a divorce. However, the majority of laws allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. Specific forms of no-fault divorce include Collaborative Divorce and Mutual Consent Divorce.

In most divorces, the primary issues to be decided are property and debt division, alimony/maintenance and, if there are children, child custody, visitation, and support. Issues regarding custody are sometimes known as other names, such as visitation rights, temporary or permanent custody. When spouses agree on how to resolve these issues, or they can work cooperatively to find solutions, they can usually obtain a divorce relatively quickly. Divorcing spouses often have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Maintenance and alimony can be hotly contested issues in divorce proceedings, but the early advice of a family law attorney may have a favorable impact on the end result.

The Office also assists its clients’ in the following varied cases:

1. Domestic Violence Cases

2. Dowry Harassment Cases

3. Anticipatory Bail Cases

Child Custody and Visitation

The parenting arrangements for the children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody and legal custody. "Physical custody" typically is an allocation of parenting time and responsibility regarding the day-to-day care and activities of the children, including where they will live, who will take them to school, etc. "Legal custody" is essentially decision-making authority; it involves the right to have input into important decisions regarding the child's upbringing. These can include issues about the child's education, religion and medical care, among others.

Sometimes the parents can agree to a custody and visitation (also called "parenting time") schedule; if they cannot, then the court will determine one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights. Today, such gender-biased preferences are much less common, as courts, and society as a whole, now realize that in most cases it is in the best interests of the children spend significant time with both parents.

In general, the courts favor having the children reside where they will most likely flourish, giving children time with both parents as appropriate, and establishing joint, ongoing, child-rearing responsibilities for both parents. The advice and assistance of a family law attorney can help parents establish child custody and visitation agreements that focus on the best interests of their children.

Premarital Mediation

Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before entering into a marriage.

Because marriage is a legal and financial arrangement, it may be wise to consult with an attorney at B.N. Nagaraja’s firm about the advantages of premarital mediations and prenuptial agreements beforehand.

Consult a Family Law Attorney

Family relations create a host of legal consequences when they change, break down or end. A family law advocate at B.N. Nagaraja’s firm, can explain the laws that apply to your particular situation and help you to make informed choices for you and your family.