Family Law Attorney
When You May Need a Family Law Attorney?
Every person’s existence has become a series of different moral and legal contractual obligations. Some of these obligations are entered into unknowingly, while others are the result of a good deal of consideration. Unfortunately, many of these situations have a tendency to end in an ugly manner and dealing with them can become very tricky. Perhaps the most sensitive of these contracts involve family matters (for example DIVORCE, CHILD SUPPORT) and dealing with the breakdown of these contracts often requires outside help. A family law attorney can help individuals deal with matters pertaining to family issues when marriages, in particular, break apart.
Family law deals with a wide array of issues such as marriages, and domestic relationships. Family law attorneys have to be able to deal with a wide range of family law issues including but not limited to the following:
- Nature of relationships such as marriages, civil unions, domestic partnerships, and same-sex marriages
- Termination of relationships through divorce, annulment, alimony, property disputes, and child custody
These family law areas can generally be broken down into three areas; before the marriage, during the marriage, and the dissolution of the marriage. One of the biggest areas that family law attorneys deal with prior to marriage is the use of a prenuptial agreement. Prenups, as they are commonly abbreviated, are used most often to determine prior to a marriage how the division of properties, spousal support, and child custody will be dealt with in the event the marriage ends. Family law attorneys are often needed to help with prenuptial agreements given the legal status of the document and in order to help protect both sides as the document is drawn up.
A family law attorney may also be called upon to help a couple tackle issues that can arise throughout the course of a marriage, some good and some bad. Family law attorneys can help a couple enter into a surrogacy agreement by which another woman can help a couple who cannot have children themselves by carrying a baby to term for them. This can also work in the other direction, with attorneys helping protect the surrogate and her rights as well. Surrogacy is a tricky legal issue in the U.S., with states such as New York considering the practice illegal. Meanwhile, other states such as California and Florida embrace the role of surrogacy.
Other issues tackled during the course of a marriage by family law attorneys include issues related to spousal abuse, child abuse, and child abduction.
One of the largest roles a family lawyer can fill is in mitigating the dissolution of a marriage. When two individuals can no longer make it work, they seek out an annulment or divorce. A family Lawyer may also be helpful to help carry out the division of assets such as properties, and help settle disputes surrounding children. These disputes include alimony and child support payments, as well as custody of the children and visitation rights.
Individuals facing a Divorce, child custody or child support litigation must understand that in Family cases the courts are involved, in General terms there is no right to an attorney and each party must pay for their own cost unless the court determines that one of the parties can pay for the others attorney. This determination needs to be made by a judge and a hearing on the matter is generally held.