April 24, 2010

What is Family Law?

Posted in Family Law tagged at 8:21 pm by demetriagraves

It seems simple enough, but often I’ve found that many of the general public aren’t fully aware of what’s involved in the practice of family law, so here’s a brief outline.

Legal representation for any type of legal case requires that the attorney providing services understand the unique nuances of the applicable field of law. In the practice of family law, the stakes are often very personal, very high for those involved, and can be shrouded in emotion that can cloud judgment and drive outcomes. Because of the deeply personal challenges for those involved, it is essential to hire an attorney who specializes in the practice of family law; one who is experienced in facilitating the best resolution possible in the midst of, or perhaps in spite of, the personal and emotional barriers that exist.

Perhaps the type of family law that is evident to most people is divorce proceedings. An experienced divorce attorney helps the parties involved set aside the emotions of everything that has happened leading up to the divorce. Then the parties can approach the proceedings as a business transaction. It may not be a circumstance that the parties envisioned that they would be party to, but with the help of a skilled family law attorney the issues can be resolved.

All divorces are not created equal. Some are uncontested and others result in long and difficult battles. No matter what the level of the conflict, there are some consistent areas of family law that are related to divorce proceedings. These main areas of family law that are related to divorce are: property division, spousal support (alimony), child support and child custody and visitation.

In Property Division, the distribution of assets at the time of a divorce can be very complex. Retaining an attorney who is focused on a fair divorce settlement is essential to navigating these complexities.

Deciding who will have custody of the children and the conditions surrounding visitation is a highly emotional issue in a divorce. Each parent may have the best interest of the children in mind and yet have very different ideas about what is “best.” To facilitate the best outcome for the children and the parents requires that an attorney also be well versed in the specific factors that a judge must consider when deciding on custody issues.

There are formulas in place to help determine the amount of support paid by the non-custodial parent. A family law attorney helps to facilitate a fair child support obligation. There are also set guidelines outlined within the law that cover the subject of spousal support, which is also known as alimony.

Family court has jurisdiction over family disputes. One of the reasons family court is important is because it is designed to protect the welfare of children. Family issues like divorce and child custody can be sensitive. A lawyer who specializes in family law can offer you the right advice and help guide you through the process as painlessly as possible.

The key reasons why you’d want to hire a family law attorney are explained below:

Understanding: Your attorney has significant experience with family law and understands your situation. Also, your lawyer can offer you personal legal service and guidance to help you find closure.
The law is complicated: Legal issues can be complex and overwhelming. An experienced divorce attorney can explain family law and legal procedures.
Your lawyer will fight for you: A lawyer can make sure your voice is heard and that the issues you are concerned with are discussed.

If you have any further question about family law or the services I provide, you can set-up a free confidential initial consultation with me. I can go over your concerns and answer any specific questions that you may have.

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