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What Does a Family Law Attorney Do?

Updated: Nov 15

A family law attorney is someone who helps people solve family-related legal problems. Family issues can be stressful and confusing. Having a family law attorney by your side can make a big difference. In this blog, we will look at what a family law attorney does and how they can help you.


What Is Family Law?

Family law is an area of the law that deals with family issues. This includes things like divorce, child custody, adoption, spousal support, and more. Family law attorneys help their clients understand their rights and responsibilities. They guide people through these tough situations and work to get the best outcomes for everyone involved. Family issues are sensitive, and having a professional to help can make the process smoother and less overwhelming.


How a Family Law Attorney Helps with Divorce

One of the most common reasons people hire a family law attorney is for divorce. Divorce can be very emotional and complicated. A family law attorney helps their client with all the paperwork, making sure everything is done correctly. They also help their clients divide property and make decisions about who gets what.

When there are children involved, it can be even harder. A family law attorney helps parents make arrangements for child custody and support. They work to make sure that the best interests of the children are always kept in mind. The goal is to find a solution that is fair for both parents and good for the kids. Family law attorneys help set up visitation schedules, negotiate who makes decisions for the children, and ensure that the kids' well-being is the priority.


Child Custody and Support

Child custody is another major part of family law. When parents cannot agree on who should have the children, a family law attorney steps in to help. They explain the different types of custody, like joint custody or sole custody, and what each one means. They help parents understand what is best for the child and help them reach an agreement.

Family law attorneys may also represent a parent in court if the custody dispute cannot be resolved outside of the courtroom. They help gather evidence, talk to witnesses, and build a strong case to show that their client is the best caregiver for the child.

Child support is also something family law attorneys work on. Child support is the money that one parent pays to the other to help with the cost of raising a child. A family law attorney helps to calculate how much child support should be paid. They make sure that the amount is fair and that the child gets the support they need. Family law attorneys consider both parents' incomes, the needs of the child, and any special costs like medical expenses or education when determining child support.


Adoption and Guardianship

Family law attorneys also help with adoption and guardianship. Adoption is when someone becomes the legal parent of a child who is not their biological child. This can be a long and detailed process. A family law attorney helps with all the paperwork and makes sure everything is done right so that the adoption can go smoothly.

There are different kinds of adoption, including private adoptions, foster care adoptions, and international adoptions. Each type has different requirements, and a family law attorney guides the adoptive parents through the specific steps. They help ensure all the documents are correct and that the adoptive parents meet all the legal requirements.

Guardianship is different from adoption. It means that someone else, other than the child's parents, is given the right to care for the child. Guardianship can be temporary or permanent, depending on the situation. Family law attorneys help families through the process of becoming legal guardians. They make sure all the legal requirements are met and that the best interests of the child are being served. Guardianship is often used when parents are unable to care for their child due to illness, incarceration, or other reasons, and family law attorneys make sure the process is smooth.


Domestic Violence and Protection Orders

Domestic violence is a very serious issue, and family law attorneys help victims get the protection they need. If someone is in danger from a family member, they can go to a family law attorney for help. The attorney can help them get a protection order, also called a restraining order, which means the abuser must stay away from the victim.

These situations are often very emotional and scary. A family law attorney provides support, explains the legal options, and makes sure that the person is protected under the law. They work to make the process as safe as possible for their clients. Attorneys can also represent their clients in court if the restraining order is violated, helping to ensure their client's safety.

Family law attorneys can also help people accused of domestic violence. They make sure that their client's rights are protected, and they represent them in any legal proceedings. Both sides need proper representation to ensure that the case is handled fairly.


Property Division and Spousal Support

When a couple decides to divorce, they need to figure out how to divide their property. This can be anything from a house to cars to even savings. A family law attorney helps their client understand their rights and ensures that everything is divided fairly. Division of property can be complex, especially if there are many assets involved or if one spouse owned a business. Family law attorneys work with their clients to make sure they get what they deserve.

Spousal support, sometimes called alimony, is money paid from one spouse to the other after a divorce. Family law attorneys help decide if spousal support is needed and, if so, how much should be paid. They look at things like how long the marriage lasted and each spouse's financial situation to determine a fair amount. Spousal support is intended to help the lower-earning spouse adjust after a divorce, especially if they sacrificed their career for the family.

Family law attorneys also help if there is a need to change spousal support later on. For example, if one spouse loses a job or has a significant change in their financial situation, they may need to go back to court to modify the amount of support being paid. A family law attorney helps with this process, making sure their client's needs are met.


Mediation and Settlements

Sometimes, going to court is not the best solution. Family law attorneys can also help with mediation. Mediation is when both sides sit down with a neutral person to try to come to an agreement. A family law attorney can represent their client during mediation, making sure their client's rights are protected.

Mediation can be a less stressful way to solve problems compared to going to court. It is often faster and cheaper. A family law attorney helps guide their client through this process, aiming to reach a settlement that works for everyone. Attorneys prepare their clients for mediation by helping them understand what to expect and by developing a strategy that meets their needs.

Mediation is useful for many family law issues, such as divorce settlements, child custody arrangements, and property division. It allows both sides to have a say in the outcome, which often leads to better cooperation in the future. Family law attorneys ensure that the agreements made during mediation are fair and enforceable.


Prenuptial and Postnuptial Agreements

Family law attorneys also assist with prenuptial and postnuptial agreements. A prenuptial agreement is a contract that two people make before they get married. It outlines what will happen to their property and money if they divorce. A postnuptial agreement is similar, but it is made after the couple is already married.

These agreements are important for protecting each person's assets and ensuring a fair outcome if the marriage ends. A family law attorney helps draft these agreements, making sure they are legally binding and that both parties understand what they are agreeing to. They also make sure that the agreements are fair, and they represent their client during negotiations.


Why You Need a Family Law Attorney

Family issues are often very personal and emotional. Trying to handle these legal problems on your own can be overwhelming. A family law attorney has the training and experience needed to handle these situations.

Family law attorneys understand the law and how it works. They know the legal system and can guide you through it step by step. Having a family law attorney means you have someone on your side who will fight for your rights and help you get the best outcome possible. They also take care of the paperwork and deadlines, which can be difficult to manage alone.


How to Choose the Right Family Law Attorney

Choosing the right family law attorney is important. Here are some tips to help you find the right one for you:

  • Experience: Make sure the attorney has experience in family law. They should have dealt with cases like yours before. Experience means that they know what to expect and how to handle different challenges.

  • Communication: You need an attorney who will listen to you and keep you informed. Communication is key in any legal case. Make sure they are easy to talk to and that they explain things clearly.

  • Compassion: Family law cases are emotional. Your attorney should be understanding and care about what you are going through. They should be patient and make you feel comfortable.

  • Trust: You need to feel comfortable with your attorney. You should trust that they have your best interests at heart. It’s important to work with someone who makes you feel confident that they are fighting for you.

  • Availability: Make sure the attorney is available to answer your questions. Family law cases can be stressful, and having someone who can respond to your concerns is important.


Final Thoughts

A family law attorney is there to help when families face tough times. They help with divorce, child custody, adoption, and even issues like domestic violence. Their role is to guide their clients through difficult legal processes and make sure their rights are protected.

A family law attorney can help you make the best decisions for your family. They have the knowledge, experience, and understanding to support you during challenging times. Family issues are rarely easy, but having a skilled family law attorney can make a difficult situation a little easier to handle.

If you are dealing with any family-related legal issues, consider speaking to a family law attorney. They can make a difficult situation a little easier to handle and help you get the best outcome for your family.

For more information or help with family law, you can reach out to S. A. Peterkin Law. They are experts in family law and are ready to help you through these challenging times.


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