Frequently Asked Questions
Family Law is the law that deals with a person and their family. For example, it may involve issues such as marriage, divorce, child custody, formation of domestic partnerships, and support.
It’s important to contact a family law attorney if you’re facing any of the following:
- – Separation from your spouse or domestic partner
- – Family violence
- – Custody disputes where there is evidence that one parent has been abusive towards the other
- – Debts incurred by either party during the marriage which may be claimed in divorce proceedings
- – Division of marital assets, including pensions and family trust funds
- – Child support
In family law, a divorce lawyer takes on cases from either side of the argument. They begin by evaluating the client’s expectations and work to make a plan for financial matters during and after a divorce, spousal support or child custody rights determination.
Family law is multifaceted emotional and legal terrain in which a family lawyer may be able to provide not only sound strategic advice but strong advocacy skills as well.
A family law attorney can help you understand your legal rights and obligations related to divorce or separation, including the division of assets and debts, child custody decisions, child support calculation, alimony. A family law lawyer can also advise you on how the law may affect other aspects of your life involving parenting time for children after divorce or separation.
A family law lawyer’s job is to represent you when it comes to issues about your family. A family could be a roundup of people from grandparents to grandchildren, everyone in between. It could even be that your kids are at odds with their parents and need a third-party intermediary who can help them work through their differences in order for the children to have the best relationship possible with both parents going forward.
The responsibilities of a family law attorney can vary from one person or practice, but typically includes:
- – Drafting agreements outlining how a marriage will end in divorce or annulment
- – Helping clients handle complex property division
- – Negotiating on behalf of clients during custody battles or separation proceedings
- – Representing clients in court during family law hearings
- – Seeking child support or spousal maintenance on behalf of children and spouses
- – Maybe even filing for divorce, annulment, or legal separation if your marriage is no longer recognized by the state. Family law lawyers may also be able to help with adoption proceedings when someone needs assistance adopting a minor child.
- – Advising clients on issues related to same sex partners, surrogacy arrangements or paternity rights
- – Mediation is typically an important part of family law work as well
Some examples of family law cases include: divorces, annulments and dissolution proceedings; child custody disputes between parents and other relatives such as grandparents; child support cases; issues involving adoption, surrogacy and pregnancy (including paternity claims); domestic violence restraining orders.
The decision about who needs a family attorney can be complicated and usually comes down to what will best protect your rights within the family.
A family law attorney assists with marital status, adoption, custody issues, divorce settlements and other legal matters involving family relationships.
A family law lawyer can represent individual clients or companies that advise people on family law. It’s the lawyer’s responsibility to identify the client’s needs and then work to provide those solutions within the framework of applicable laws. Language barriers can complicate communication between divorcing spouses; thus translators are often necessary in order to make communication clearer for all parties involved in a divorce proceeding. Likewise, because different countries have different rules about child custody cases (some outlawing international child abduction), it is important for an American family law attorney specializing in this field to be aware of these differences so they can help their client navigate these tricky waters without running afoul of the law.
There are many factors to consider, such as years of experience and communication skills. When searching for the best divorce attorney it’s important that they have met certain requirements regarding their education and licensing status within your state or country. Be sure to talk with potential lawyers before hiring one, ask what services he or she provides and what they will charge you.
It can be hard to find a good divorce lawyer, but some of the things you might want to consider are:
- – How many years of experience does the lawyer have?
- – What is your budget?
- – Do they have any reviews or testimonials?
- – How are the lawyer’s communication skills?
- – Do they have a good reputation in your local area?
While every situation is different, a person’s basic rights when getting a divorce are 1) to be protected from abuse; 2) to personal privacy; 3) the appropriate amount of time for separation; 4) shared parenting time; 5) 1 residence; 6) child custody arrangements; and 7) child support payments (when applicable).
Florida is a “no-fault” divorce state, which means that if a couple no longer gets along they can file for a dissolution of marriage. A spouse may file for a divorce without his or her spouse having committed any fault, including infidelity.
In Florida, you must only prove your marriage is “irretrievably broken” to petition for a divorce.
This rule is a great way to avoid the pains and anger of divorce. In fact, it relieves our court from having too many complicated duties when deciding who’s at fault in your marriage- which means that you can focus all attention on what matters most: yourself and your children.
Child custody in Florida is determined by the best interests of the child involved, with certain presumptions. The presumption for joint legal custody is when it’s in the best interests of the child. If one person wants sole legal custody, they need to prove that giving shared legal custody would not be in the best interest of the child.
The preference for physical or residential time-sharing schedules takes into consideration how close together or far apart each parent lives, each parent’s work schedule and where there are sufficient daycare facilities nearby. Naturally closer proximity will necessitate more frequent parenting time while further distances required less time away from parent to maintain a healthy relationship with both parents.
The courts also consider which agreement works better on an hourly basis between parents, whether one parent has historically taken priority over the other for school events and extracurricular activities … as well as many other factors in determining child custody in Florida.
- – Will I have to pay alimony? How much will it be?
- – Who pays legal fees if there are any costs incurred during a divorce case?
- – How long does a divorce case take?
- – Will I be able to see my children after the divorce is finalized?
There are many factors that go into determining child custody in Florida and you should consult with an experienced divorce lawyer as soon as possible.
A judge will ultimately decide your child custody arrangement based on what they think best serves the interests of the child.
Most states mandate a legal separation before filing for divorce. If you find yourself in a complicated, unsafe, or otherwise volatile situation with your spouse, it’s often wise to seek assistance from an expert who can mediate the situation and safeguard your rights.
A family law attorney may also be necessary when caring for children or other dependents who will be impacted by the divorce decree.
In short, there are many situations where hiring an experienced lawyer may help ensure that both parties come out of the process better off than they went in.
Choosing to hire a family law attorney is an important decision that should not be taken lightly. Family law attorneys handle all aspects of domestic relations, including legal representation in issues such as custody, child abuse and other forms of domestic violence.
All too often, the pressure to take the time to get help is something people overlook until it gets bad enough to take drastic measures like divorce proceedings. But divorce does not need to be an inevitable outcome; hiring an attorney who specializes in this area can make all the difference in helping you compromise without sacrificing too much. The best way for anyone with questions about legal representation for their family situation to find out more information is by contacting one through their website or simply consulting someone who has had firsthand experience with them whether in the past or present.