This is a branch of the law that deal with domestic relations and family matters like marriage, adoption, child abuse, child abduction, property settlements, child support and visitation, and more. It is also referred to as matrimonial law in Colorado Springs. In many jurisdictions, family courts are the ones with the most-crowded court dockets. The attorney who handles these types of cases is called a family law lawyer. The main two issues that this lawyer would handle are legal separations and divorce. During these issues, the attorney would attempt to dive marital property, advocate the amount that should be paid for alimony and child support, settle child custody issues, and set visitation rights. In divorce and separation cases, each party will have their own family law attorney. If no settlement can be reached for any issues they could be taken into the court and they judge would usually issue the final order on the issues.
Adoption is another field that a family law attorney handles. The attorney will help the couple through the many steps that has to be taken in order to make the adoption legal. In every jurisdiction, the laws are different and may vary according to how old the child is. In some locations the birth parents will always retain some rights while in other jurisdictions, all of their legal parental rights have been given up completely.
Three Categories of Family Law Documents
What is a family law attorney and why are they necessary? It is even more crucial you are familiar with these experts of family law since it seems strong families are becoming less and less in our modern day.
Here is a fact that is unfortunate but all to often becomes reality in 2010. When a mother and father gets a divorce and the family is divided the costs go way up. When all home expenses are shared by the man and woman the burden of making a living is also shared.
After a divorce everyone's standard of living is lowered due to the fact that two separate households, versus one, has to be maintained. The state courts are then given the duty, unfortunately, of dividing the resources that used to support one family unit into two parts.
Its usually impossible to do this equally because many things the couple owned together cannot be simply cut in half. For instance a home cannot be sawed in half thus enabling each former spouse to get a half of it. This especially is true when there are children involved. The needs and expenses of the children involved changes from each passing year. The costs involved in raising elementary aged kids are much lower than the costs in raising teenagers.
In addition to that problem the circumstances of the adults involved changes. The income of the person ordered to pay child support or alimony, be it the father or mother, can drastically go up or down as time goes on.
And we have not even touched the issue of child custody including outlining visitation rights. With the divorce rate as high as it is in 2010 it does not take a genius to wonder why family law courts are always packed and system is overloaded. It is impossible to navigate all the courts, red tape, and legal documents with the help of an expert who deals with those things for a living.
Hopefully you understand the reason why a family law attorney at law is necessary when dealing with these sticky situations. These types of attorneys specialize in the field of law that deals with all family related issues and relations of the domestic nature. These fields include anything having to do with marriage, civil unions, domestic partnerships, abuse, legitimacy, adoption, divorce, marriage annulment, alimony, and child support payments.
The better they are familiar with each subject the better they are at winning the case (though really nobody ever wins when it comes to these types of cases). Many family law attorneys specialize in a niche somewhere within this giant field that gets bigger every year. One family law attorney will likely be more adept at marriage contracts than divorce proceedings. Another one might be excellent at property division while another attorney in the same general field will excel in nullity.
Depending on your needs it is a good idea to ask a prospective family law attorney what he or she focuses on and decide if that area of expertise is what you require.
Hopefully you never need a family law attorney but if you do you now know exactly what they do and how you can use them.
Family Law Attorney - Their Services
This branch of the law covers all legal matters that pertain to a family. This can include marriages, divorces, prenuptial agreements, adoption, civil unions, property settlement, child custody and visitation and more. To become an attorney that deals with family law you have to first get your bachelor's degree, attend law school and then pass the bar but if you plan to specialize in family law there are many different specialties to choose from, including adoption, neglect, abuse, divorce, paternity, custody and visitation, paternity, and more.
Under this category marital unions include civil and traditional marriage unions. It rarely includes formal pleadings. The reason is that this area of the progress of family life is less contentious. This means that not many couples at this stage are filing actions against each other. Some of the documents include:
• Name change forms
• Certificates of marriage
• Prenuptial or premarital agreements
These documents may be called by other names in different jurisdictions but they all cover the same area. Some jurisdictions may also enable other types of actions under the category of martial unions but the general concepts as to what is handled by these forms, agreements, and certificates are common in all jurisdictions.
This category is where you will find most of the documents. These documents deal with marital terminations and include divorce, separation, and annulment. One of the parties will initiate a court action to sue for relief. These particular documents will mirror the types of pleadings that are filed. In addition to asking for termination of the marriage the documents can also include replies to the court action filed and any counterclaims. Some of the more common documents can include motions to restrain a spouse from deleting the marital assets, temporary alimony, and court costs. This category of family law documents include all the attachments and forms that are used to establish the marital estate as part of the proof that will be needed to reach an amicable and fair divorce settlement.
In this category are the actions that will do the following:
• Appoint a legal guardian
• Establish paternity
• Deal with the issues of support, custody, and visitation
• Removing a child from a home for cause
The petitions can also include motions to modify an order for child support, and motions for contempt for failure for either party to comply with any prior court orders.
As you can see there are many different documents that a family law attorney has to deal with so that is why many specialize in one particular area although some may practice in more than one area. To be sure which specialty volunteer to work for a family law firm.
Tips for Hiring a Family Law Attorney
Smoothing things over becomes an unpleasant task for many amateurs in divorce cases, a task that these people are not usually prepared to face. Bitter words and harsh times can create even more uncomfortable, awkward and very tense situations or environments for the parties involved and even for those around them. Having a professional who can help to fix these situations and draft and create fair, just settlements for divorced couples can be invaluable to these couples as they go through the divorce process.
Strangely, when one thinks of a family law attorney, they often think of those lawyers we have seen on television that have sinister ideas and intricate plots to destroy the lives of their opponents. What one will discover if they spend any time at all with any attorney is that this is simply not the case. The vast majority of attorneys are committed to discovering what is fair and implementing a settlement that reflects this. A family law attorney is not interested in taking a bad situation and making it worse. This does not benefit them at all and goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to guide them through what can become ugly situations and hard times.
Especially if there are children involved in the divorce, these situations can become bitter messes from the very beginning. Former couples sometimes spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. What is often forgotten in situations such as these is: what is best for the children? A family law attorney will bring their expertise in these situations and past experiences in similar cases in helping the family decide what is best for the children. Many families face the unpleasant requirement of putting their children through a messy divorce when the parents cannot get along or stay married to each other any longer. When divorce seems inevitable, the parents will usually fight often, be miserable and create tense situations inside the home, which their children often pick up on. So, getting divorced may be the best thing for the children in some cases, as nobody wants their children to grow up in these circumstances. A messy divorce, however, will often create the very thing the parents were trying to avoid, a tense and uncomfortable situation for their children. Having a family law attorney to help the parents through these troubled times will help to smooth the situation and create a fair and calm environment for the children.
As everybody knows, divorce is not a fun experience for any party involved, and that includes the children. A family law attorney can help the situation by bringing information, experience and fairness to the situation. This will help the ex-husband and ex-wife sort out their divorce and make the decisions that are best for everybody involved.
Attorneys and lawyers practicing family law take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, the majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases and family lawyers are specialized in all the legalities involved in such cases.