Types of Family Law Attorneys
When you see the words “family lawyer”, you may think of divorces or child custody attorneys. Family law covers a wide range of services and can extend into adoptions, adult adoptions, even probate. Divorce and probate are actually becoming increasingly intertwined as people live longer and develop cognitive issues that prompt marital changes. While a lot of people think that family lawyers only deal in divorces, in reality, a family lawyer handles a range of cases, usually relating to the establishment of or the dissolution of a family. Here are some types of cases that family lawyers deal with. Keep in mind that not all family law attorneys may handle all kinds of cases. Some lawyers stay out of court entirely, and others focus entirely on litigation. Because the laws relating to custody, divorce, and probate or juvenile court issues like guardianships can intersect, many lawyers have the experience to address a case at any number of “stages.”
Divorce Lawyers
If you have experienced a divorce, you may be familiar with what divorce lawyers do. For starters, our firm gives every client a “divorce introduction letter.” This letter gives our clients the process of a divorce or legal separation. This is true whether the divorce or legal separation is filed. Legal separation and divorce are terms that could be used together because a legal separation filing can be converted to divorce rather easily, and some divorces resolve in a legal separation or even reconciliation.
A divorce lawyer may assist you throughout your legal separation and/or divorce. The lawyer will work alongside you to get you the best settlement you may get, knowing that the judge will usually award that same settlement. Just this morning in court, I had offered a resolution that was declined, but when we re-offered it again, the judge was really interested in that offer. Ultimately, that was the resolution for that case. The divorce lawyer may assist you in negotiation on matters such as who gets the marital home, who pays alimony or spousal maintenance, the division of assets, and how to split any debts of the marriage.
A lot of the time, a divorce lawyer may help you get the outcome you want without needing to go to trial. If your case uses collaborative law, you’ll get a lot more face time with your lawyer and a lot more thorough review of your financial documents by a neutral expert you both pay. This is a win-win, but unless both lawyers use collaborative law, don’t expect this efficient, cost-effective resolution. In a handful of cases, a trial may be necessary; when this occurs, your lawyer will represent you throughout that process. Trials can take a long time to complete because you have to finish discovery, and court schedules are packed.
Some divorcing couples cannot afford an attorney or just don’t want to pay for a private attorney. Under these circumstances, we find that people can reach results that cause them to call us afterward to explore whether they got the best outcome. Some people are friendly enough to resolve their cases without arguments between them, but for many people, there is some conflict.
Child and spousal support
Second to divorce, the most common type of family law case that we handle is child and spousal support, also called alimony. These types of cases often go hand-in-hand with divorce and can be one of the most contentious aspects of the proceedings.
Child custody – Another outcome of divorce, child custody hearings are incredibly sensitive and require a compassionate, strategic lawyer. Whether you are looking to secure sole custody of your child or come up with an arrangement that benefits both spouses.
Adoption
Family law has various regulations surrounding adoption. These regulations were included to ensure the adopted child’s best interests. A couple or an individual who wants to adopt a child must comply with these regulations. Adopting a child involves lengthy paperwork that can result in delays. To comply with different guidelines and complete the paperwork swiftly, adopters must consider hiring a family law attorney.
Marriage and Civil Union Lawyers
Those who are getting married or heading into a domestic partnership or civil union may want to draw up agreements. By law, when you get married, you create a contract. You may not realize it, but your contract is with the state, and it says that everything you acquire during the marriage is the joint property of both spouses. Debts are also joint debts if acquired while you are legally married. Someone who owns a business, or property, or has other legal issues may want to create a prenuptial agreement to protect that asset or to protect the other spouse. Many couples who are already married may also choose to put together a postnuptial agreement, which an attorney may help with that also.
Family Law Lawyers Dealing with Abuse
Child abuse and domestic abuse are very serious issues that a family law attorney may address. We have to be trained to understand the nuances. These are really discreet issues and often the signs of a domestic violence cycle aren’t obvious to just everyone. The lawyer may represent the person who is the victim in the case, or the person who is defending against these allegations. The lawyer could help the victim to file a restraining order, called an Order of Protection. These Orders of Protection have very specific laws dedicated to them, and consulting an attorney to defend against an Order of Protection or make allegations in the Order of Protection is vital.
If an attorney is hired by the person who is being accused of violent conduct, it may be possible to disprove the allegations. In some cases, the abuse happened, but there is still good cause to ensure the children see the parent who is accused.