What is Family Law and What Can a Family Lawyer Do For You?
Family lawyers are not always brought in to settle a dispute between family members. For example, if you want a prenuptial agreement before getting married, you would consult a family lawyer. You may also hire a family lawyer to help you file adoption paperwork. In some cases, family lawyers also help with estate and wills.
Divorce Cases
In most legal cases, you only hire a lawyer if you intend to go to court. Family law is much different. Family lawyers prefer to negotiate outside of the court room, only going to trial as a last resort. A common instance where you need a family lawyer is during divorce proceedings. Many couples struggle to fairly negotiate during divorce proceedings. Even in an amicable breakup, you and your partner may have a hard time agreeing on who owns what. For example, if you both share a home, it is difficult to decide who keeps the house and who needs to move.
Divorce cases also become complicated when children are involved. A family lawyer helps you and your partner work out custody agreement. This includes who the child lives with, when visits are allowed and whether any supervision is needed during the visits. Your attorney also helps decide who pays child support.
Depending on where you live, there may be different categories of divorce. In many states, you are able to file for n-fault divorce. However, some states only allow this if you meet the right conditions. For example, you may have to live apart from your partner for a set amount of time before qualifying for a no-fault divorce. If this option is not available, you must explain why you want a divorce. This is a difficult question to answer without an attorney. If you are not careful with your answer, you may hurt your chances of successfully negotiating with your partner.
Adoption and Guardianship
Adoption is a difficult and lengthy process, often taking years to complete. During this process, you must file complicated paperwork and meet with state officials to prove you are ready to care for a child. The process and laws also change depending on the type of adoption. There are laws for going through an adoption agency, as well as separate laws for being a foster parent. Becoming a legal guardian also has a different set of laws and regulations.
Even after a successful adoption or guardianship case, you may need a family lawyer. The state continues to check up on you and your family after an adoption. If there are any issues, you need a lawyer to represent your case to help you retain custody.
Resolving Family Law Cases
Most family law cases are resolved without stepping foot in a court room. Instead, a family lawyer acts as a mediator. In amicable cases, you and your partner may share a family attorney. In these instances, the lawyer acts as a neutral party, informing you and your partner of your legal rights. He or she also helps you draft legal agreements, with you and your partner deciding what is included. If you and your partner are unable to come to an agreement, you both have the option of hiring a lawyer. In these cases, the lawyer directly represents you during negotiations. If you are still unable to come to an agreement, you take the case before a judge.
Hiring a Family Lawyer
Hiring a family lawyer is more involved than hiring other attorneys. You not only want an experienced lawyer, but one you are comfortable working with. This is especially important with longer cases, since you and your lawyer will spend a greater amount of time working together. You must also feel comfortable enough to share personal details with your attorney.
Before hiring a lawyer, do not be afraid to ask questions. Ask what types of cases the lawyer previously handled. Many family lawyers specialize in a specific area. You do not want to hire a lawyer who largely deals in adoption cases if you and your partner are getting divorced. Explain your situation and ask what your lawyer would suggest to resolve the situation.
A good way to find an attorney is through word of mouth. If you do not have any friends or family members who previously used a family lawyer, there are several online resources available. The American Bar Association allows you to search for accredited lawyers in your state. Many communities also have local services to help you find lawyers.
