what cases does the family law attorney do

by Bertrand Stark 3 min read

Most family law practices focus on representing clients in a divorce and the issues related to divorce such as the division of marital property, child custody and support, and alimony. Family lawyers also draft prenuptial and postnuptial agreements and litigate related matters.

As the term implies, family lawyers focus on issues that have an impact on families. They deal with matters such as divorce proceedings, adoptions, and child custody. Common tasks include drafting custody agreements, wills, prenuptial agreements, and other documents.

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What to know before meeting with a family law attorney?

What Should I Bring?

  • A pen and pad of paper or the electronic equivalent! In the course of your conversation with your attorney, you will surely want to write down notes on any issues ...
  • A list of questions. ...
  • A check for the initial consultation fee, if your attorney charges one. ...
  • Any documents relevant to your case. ...

How do I become a family law attorney?

  • Sound Advice & Compassionate Support. If you are going through a divorce or you are involved in a dispute with a former spouse or partner, you understandably have a lot ...
  • Choosing A Florida Divorce Attorney. ...
  • Florida Family Law & Divorce FAQs. ...
  • Contact Us for Strong, Sympathetic Fort Lauderdale Divorce Representation. ...

What do family lawyers need to know?

This assessment typically involves a series of factors, including:

  • The child’s wishes (if age appropriate),
  • The physical and mental health of both the child and parents,
  • The parents’ willingness and ability to adequately parent,
  • The parents’ moral character,
  • The willingness of each parent to cooperate and respect the other’s parental relationship,
  • The child’s emotional, developmental, and material needs,

More items...

What types of cases does a family law lawyer handle?

Family law is the area of law dealing with almost any issue that can come up in a family. These include cases dealing with marriage, separation, and divorce. Family lawyers also handle cases concerning child custody, child support, and spousal support. These are fairly well-known types of cases that are handled by divorce lawyers also known as ...

Divorce Issues

Since divorce cases can be one of the most emotionally draining experiences any family can face, hiring a family law attorney will provide you with a mediator who can help you approach the issue rationally and within the law. A family lawyer may also be able to help you settle your divorce fairly without having to go to court.

Child Custody Agreements

When a couple separates, it is of the utmost importance that they agree on how to take care of the children they have in the new agreement. A reputable family lawyer can help you draft an agreement that you and your spouse agree on, as well as to amend an existing agreement if need be.

Prenuptial Agreements

Even though the content for a prenuptial agreement varies from one case to another, a family lawyer can help you craft a document that clearly spells out the provisions of child support and the division of property in the event of a breakup or divorce.

Represent Litigants in Court

In the event that your family dispute ends up having to go to court, a family law attorney will have the necessary legal knowledge and practical experience to help litigants navigate the complexity of family law, ensuring that justice is properly served.

What does a family law lawyer do?

A family law lawyer works to provide the court with the necessary information to achieve the best possible outcome for their clients. Even in states where with stricter guidelines for the awarding of spousal support, the judge still needs accurate information regarding things such as: income. ability to work.

Why do you need a family lawyer?

Family law lawyers don’t only serve families in times of crisis. They also help in moments of great joy, as is the case of adoptions. Family lawyers can help to make sure you have all the right paperwork. They also help guide you through the system to make your adoption legal as quickly as possible.

What to do if a parent abuses a child?

If a parent abuses or neglects a child, it’s likely a family law lawyer comes into the picture. They may represent the child, or a parent facing an accusation of abuse or neglect. They may also be on the other side, defending the parent against the accusation. Or, it might involve advocating for a parent who has complied with the court’s requirements to get their child back. In either case, it’s essential to have a family law lawyer with experience in such sensitive areas to make sure that such matters are handled appropriately.

What is the issue with alimony?

Alimony/Spousal Support. Another issue that family law lawyers often must contend with is that of alimony and spousal support. Some states have laws in place regulating the amount of spousal support depending on varying factors. In others, the judge makes the final decision.

What is family law?

Family Law: A Quick Overview. Family law, as its name implies, deals with many aspects affecting the family. It encompasses such things as: divorce. adoptions. child custody and support issues. pre and post-nuptial agreements. and much more. Family law lawyers must also be ready to work in a wide variety of situations.

How often do you need a lawyer?

Most people will need a lawyer at least once in their lives, if not more. There are lawyers that specialize in many different types of situations that we might find ourselves in throughout our lives. Everything from criminal law to tax law and many in between. Out of all the different types of lawyers, the family law lawyer is probably one who ...

What information does a family law lawyer collect?

The information the family law lawyer collects might include such things as: accurate reporting of income. health care expenses of the children. and allowable deductions. The lawyer may also gather evidence and report if the other parent is potentially hiding resources or is intentionally unemployed or underemployed.

What can a family lawyer do?

One of the touchiest subjects a family lawyer can assist with is issues of abuse and neglect. A family lawyer helps defend clients against allegations of abuse or helps them regain custody of their children. They can aggressively advocate on your behalf should an unfair or unjust charge of abuse and neglect occur, and make sure you have your best chance of winning your child back.

How can a family lawyer help you?

A family lawyer can help you through the emotional parts of the case, and keep you focused on the task at hand. They can also handle all communication, so you can avoid any fighting or verbal abuse that may arise.#N#With any family-related issue, it can be hard to handle the number of opinions and perspectives you run into. Odds are you’ll be having a lot of friends and family sharing their opinions on what you should ask for, and how you should approach your case. A family lawyer provides an objective view of your case and can advise you how to proceed in the most rational way possible.

What is the law of family law?

Another major area of family law is child custody. Child custody is a controversial and often highly contested legal issue. And while the court usually follows the agreement parents make, parents don’t always agree on what’s in the best interest of the child.#N#A family lawyer can help you prove what’s in your child’s best interest through testimony and evidence collection. They know what techniques to use to build a compelling case, whether that’s presenting school records, medical records, or even the testimony of a child psychologist.

What do divorce lawyers do?

Family lawyers also work to make sure child support is fair and just in divorce proceedings. They can help you catch if your former partner is trying to hide their income, or if they’re trying to collect greater child support by being voluntarily unemployed. They’re also able to thoroughly review the court’s calculation of child support to make sure there isn’t an inaccurate child support award.

Why do I need a family lawyer?

The most common reasons to hire a family law attorney include: 1 Divorce: Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable). 2 Child Custody / Child Support: Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent's financial situation changes. 3 Paternity: In most cases, paternity cases are filed by the mother in an effort to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing. 4 Adoption / Foster Care: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Therefore, it's important to consult with a family law attorney. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation.

What is the role of family courts in domestic violence?

For example, instances of domestic violence and child abuse typically involve criminal investigations (and may result in arrests and charges), while family courts are tasked with determining how to best protect the victims and ensure a relatively safe environment for those involved.

What is a divorce attorney?

Divorce: Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

What is the difference between paternity and alimony?

Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce. Pater nity: Origin or descent from a father (to establish paternity is to confirm the identity of a child's biological father).

Why do biological fathers file for paternity?

But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.

What to do if you are in a divorce?

Whether you're in the process of a divorce, need help with an adoption, or have questions about enforcing a child support order, it's often in your best interests to work with an attorney. Get the help you need by contacting an experienced family law attorney near you.

Do foster parents need legal representation?

Therefore, it's important to consult with a family law attorney. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation. Family law often intersects with a wide range of other legal practice areas.

Jennifer L. Ellis

Common, hard to say. Improper, probably not. Cases move through the courts at different rates depending on their complexity and the various stages. So some cases might be going through trial and require constant action, while others might be in a waiting phase. Waiting for discovery, responses, or something else.

David Ivan Bliven

There was testimony provided in a Federal lawsuit not too long ago from the heads of the Family Court assigned counsel panels stating that caseloads of between 70-90 cases are acceptable.

Allison Greenlee Korr

Yes, it is common for an attorney to have 80 or even more cases per year. Otherwise that attorney would not be able to support themselves.