The Role of Family Court If You Do Not Divorce
If you're not ready to divorce but need to resolve issues related to custody, child, or spousal support, family court can be a good option. Family court is usually designed to be more user friendly than a supreme or superior court; a lot of people go there without a lawyer. You may be able to work out your issues with the help of a family court judge. While there may be some limited filing fees, there are often no costs associated with family court.
If you call or go down to your local family court, the clerks will probably be able to give you forms, answer procedural questions, and tell you how long things will take to get your case in front of a judge. As in other courts, they will not give legal advice.
Even if you and your spouse have agreed about custody and visitation and feel you don't need a lawyer, you may need some help deciding issues of child support. Most states have statutes that govern child support, so determining the right amount is straightforward. The court will ask you and your spouse to bring some financial information, including tax returns and pay stubs. Once the judge has this information, it is easy for him to tell you what the state requires each spouse to contribute. Having a judge tell you what the law requires may make the bite of child support a little more palatable if you are the one having to pay.
Although family court can also make an order of spousal support, determining the right amount is usually more complicated than with child support. Even so, a judge can probably help you sort out what is fair given your respective incomes and debts of the marriage.
