How Can a Family Law Attorney Help You

Family law isn't the type of legal specialization that's most often featured in movies and on television, but attorneys focusing on divorce, child custody and other aspects of this area of law help many people reach legal conclusions each year. Family law is often associated with marital separations and how a child is affected by such a split, but this specialty also includes legal work related to adoptions, marriages and civil unions, paternity testing and more.

A family law attorney typically works in a specialized part of the court system.

In the U.S., family law often means working inside the family court system, a specialized part of the state judicial branch with a jurisdiction focused exclusively on issues related to families and children. It's definitely worth keeping the crowded nature of family courts in mind, as they frequently have the busiest dockets, meaning wait times for a case to be heard can be extensive. This time aspect is another important reason why families and individuals need to consider using a singular legal counsel or larger law firm for these matters. With an understanding of the basics of family law and family courts, let's explore how the right kind of attorney help will aid navigation through family court and attempts to address legal issues.

Divorces and Separations

Divorces and separations are among the most common cases seen in family courts. While arbitration is growing in popularity as an approach to finalizing such a separation, it only succeeds some of the time. Additionally, mediation may not carry the same legal weight as a court-ordered divorce agreement, depending on local laws and the approach used. Often, people have disputes too deeply contested or quandaries that simply can't be solved without the help of family law offices and the skills and experience they provide.

How a Family Law Attorney Can Help During a Divorce
In terms of divorce, family law attorneys can fill many different roles. Attorneys can act as a strong buffer between two people in an emotionally contentious position, dulling the heightened emotions felt on both sides and enabling them to focus on the issues. Divorce attorneys also help their clients by understanding the minutiae of often-complicated divorce codes and how other legal elements such as precedent in previous influential cases may play a role. When it comes to questions about the finer details in a divorce or separation - details which can sway the decision-making of a judge - family law attorneys know many of the answers.

Having an attorney at your side during the divorce process helps protect the many rights afforded to individuals after the legal dissolution of a marriage, from child visitation and custody concerns to alimony, child support and issues dividing joint property. These critical aspects of a divorce are often what cause major and sometimes intractable problems even after both members of the couple accept and move past various emotional concerns. A lawyer on each side of a divorce case means everyone has the opportunity for competent legal representation. That kind of representation takes the personal best interests of each party into account and uses knowledge of the law, local court system, past precedent and other factors to reach the best possible conclusion.

Alimony, Child Support and Custody
Child support and spousal support are both critical aspects of a divorce, especially in long-term relationships where a spouse and child have grown accustomed to a certain quality of life. Circumstances vary a great deal in terms of judges' attitudes, local precedent and state-level laws, and there aren't concrete rules about some aspects of the process that determines compensation. In instances where a spouse or child faces an uncertain financial future, a family lawyer can prove invaluable.

Custody of minors and child visitation are also major considerations and ones that a parent may not want to leave up to an arbiter or their own ability to argue in court. Family lawyers have plenty of experience in terms of custody agreements and can provide better - or at least more equitable - results. Child custody is frequently a major point of contention in divorces for a variety of reasons, so it's smart to seek out family attorneys with specific experience in that aspect of the law.

It's worth remembering that legal representation is sometimes available to both sides in a divorce, even when one party was the primary or sole earner and the other has little in the way of assets. If the primary earner has enough money to hire a lawyer, the other spouse can usually seek a court-ordered loan, according to Nolo. Such a loan involves a court order on the part of the judge requiring the wealthier spouse to pay for the legal fees through a loan.

Adoptions and Guardianships

Family law attorneys also provide assistance to individuals and families with issues related to adoptions and guardianships. Some family lawyers specialize in one or both of these fields. They can fulfill legal duties related to your needs as well as act as guides through the sometimes complicated legal process.

Adoptions
Adoptions offer adults the chance to grow their family by caring for - and assuming parental responsibility for - children who need support and assistance. Adoptions are highly regulated across the U.S. but the process can vary significantly depending on the type of adoption. As the term covers everything from agency adoptions to one adult adopting another, the specifics change. One of the constants in the adoption process is the need for an attorney. Even in situations like independent adoptions, where an agreement is reached between the adoptive and birth parents directly or through the use of a small number of intermediaries, counsel is needed to handle the legal requirements and ramifications.

Guardianships
Adults taking on parental responsibility for children have to establish a guardianship in many cases. The reasons why guardianship is assumed can vary greatly, but the legal requirement doesn't waver. While guardianships don't involve the opportunity aspect of adoption - the passage of guardianship is generally managed by parents, their estate in the event of death or the court system - those assuming responsibility for affected children often need the help of an experienced counsel at some point in the process.

Paternity Issues

Paternity issues can lead to legal actions in many instances. There are a number of issues that may arise when questions exist about paternity, from the need for a father to pay child support to the child's future access to the father's name and potential inheritance. Custody is another major concern in this legal space. While the overall concept of paternity is what ties all of these different needs and considerations together, the circumstances, stakes and outcomes can vary wildly.

An accomplished family law attorney can help individuals deal with paternity issues no matter the specific circumstances involved. With concerns ranging from acquiring a court-ordered paternity test to dealing with the legal requirements of changing a last name or accessing an inheritance, paternity issues require a deep knowledge of the law. The right family law attorney can navigate any of these situations as needed to make sure their clients' needs are expressed and understood in court.

Beyond the Most Common Concerns

While most family law cases involve divorce, child custody, adoptions or paternity issues, those aren't the only concerns addressed in family court. Issues related to cohabitation and common law marriage can arise, as can concerns involving child emancipation and some elements of juvenile court proceedings. Without a family lawyer to help guide you through a divorce, custody agreement or other concern, you may encounter situations where your voice isn't heard and your needs aren't considered. By working with the right attorney, however, you can ensure you have competent representation and a staunch ally throughout the process.