What Types of Cases Fall Under Family Law
Feb 18, 2021 02:03 PM EST
Many people require the services of a family law attorney at some point in their lives. The family practice attorney deals with the most emotionally fraught issues due to the complex nature of family relationships and the conflicts that often ensue.
Family Law Cases: A Fast Overview
It sounds obvious, but it's just as the name indicates. Family law deals with the many disparate issues that affect the family. It covers:
Child custody issues
Pre and post-nuptial agreements
Role of a Family Law Attorney
Here are some of the main functions of a family law attorney:
Divorce is essentially the dissolution of a marriage contract. A family lawyer will represent you with knowledge and expertise. They'll also assist you to navigate the complicated court system. They also handle all legal issues regarding:
Divorce is very emotional. A competent and experienced family law attorney can relieve some of the stress during this challenging time.
Pre and Post-Nuptial Agreements
A couple creates a prenuptial agreement prior to marriage to determine what each party gets after a divorce. An individual can add a prenuptial agreement in writing to a marriage agreement, but such a document cannot include provisions such as child custody and support. In such a case, the couple can later create a postnuptial agreement.
Some states have laws in place that regulate the amount depending on several factors, while in others, the judge makes the final decision.
It's important to know that there are states with stringent guidelines for the awarding of spousal support. These factors are taken into consideration:
Amount of joint debt
Conduct of both spouses
It is the job of the family law attorney to assemble all of the necessary information to help clients work through this complicated process.
Child custody can be emotionally explosive for all of the involved parties. Courts consider many factors when deciding custody:
Which parent appears to have the greatest bond with the child or children in question
If there has been any criminal or drug activity on the part of one or both of the parents
Stability of the home
Parents and their attorneys might come to an agreement before going to court. The judge might support this arrangement, but if no agreement is concluded, then the family law attorney will assemble evidence to present to the court. This allows the judge to make an intelligent and responsible custody decision.
Many states have their formulas for assessing child support. It is the job of the family law attorney to ensure that the court has sufficient information to calculate an appropriate amount.
Child support is a legally enforced concept that ensures adequate support and resources for the children in question. The following must be taken into consideration:
Accurate income reporting
Children's health care expenses
If the other parent deliberately hides resources or is unemployed or underemployed, the attorney may also collect evidence and report it to the court.
Family lawyers don't just handle crises. Adoptions are an example of how family law attorneys can help. They can help you ensure that you are adequately prepared with the right filings and paperwork.
Family Law Counsel Information
The nuances of family law can be very complex. It is best to consult an experienced attorney with this practice skillset for effective representation.