At the core of family law is the assumption that taking a "non adversarial approach" toward solving conflicts is in the best interest of all those involved. Although many family law cases end up in litigation, courts usually prefer that the parties undergo mediation first before taking matters to court. The principle of non adversary is at the heart of collaborative family law. Here a husband and wife avoid the hostility of divorce and separation by engaging in informal settlement discussions with the help of a collaborative legal team. Through non adversary it is expected that divorce settlements will be arrived at amicably.
The principle of the "child's best interest" means that decisions in a family court setting must foster the child's well being. This is applicable in both juvenile family law and marital family law. In marital family law the best interest of the child is considered in issues such as custody, visitation and support. Family law uses various factors to determine what the best interest is; these include the age and sex of the child, his preferences, the mental and physical well being of the parents, how well the child is likely to adjust in school and in the community and the availability of a stable environment at home.
Divorce in family law is recognized as the legal termination of a marriage. The Uniform Marriage and Divorce Act (UMDA) is used by many states to regulate marriage and divorce laws. The fundamental principle in divorce family law is "irreconcilable differences" as the primary ground for divorce. This means that for a divorce to take place either parties or one of them must demonstrate that they have very conflicting differences and can no longer remain married. This is also known as a no "fault divorce". The principle of "legal separation" also known as limited divorces or to divorce "a menso et thoro" is also recognized by family law. To avoid being accused of desertion, a legal separation allows a couple to stop living together for a while as they consider divorce.
The principle of "equitable distribution" guides the division of assets especially during a divorce settlement. 41 states apply this principle and the other nine, including California and Washington, apply the "community property principle" of asset distribution. The community property principle divides all marital assets half way for both spouses. Under equitable distribution the settlement does not have to be equal, but it should be fair and distributed equitably between both parties. In equitable distribution of property a family court considers factors such as the length of marriage, age and well being of parties, financial condition of each, the extent of dependency, the amount each spouse contributed to acquiring marital assets, education level and child support needs.
Alimony law ensures that a dependent spouse is financially supported by the other until she or he can become financially self-sufficient. Alimony is also awarded to support the lifestyle that either spouse is accustomed to. The principle of alimony applies equally for both the husband and wife but the degree of support awarded varies from state to state. Family law considers various factors in determining alimony; these include the age of each spouse, the length of the marriage, spouses' incomes, and the well being of the each spouse.