What Is Family Law?

If your situation involves family relationships, you may need a family attorney.

Family law practice covers many subspecialties. Some family law attorneys focus exclusively on divorce and related issues. Adoption attorneys may work with government or private agencies during adoptions.

This article reviews the areas of law within the family law umbrella and which is best for your legal issues. It also covers why hiring a family law attorney is often in your best interest when navigating a divorce and how they can protect your legal rights.

Legal Issues Within Family Law

If you have a family law issue, you likely need legal advice. Family law has two categories:

• Before and during the marriage
• After the marriage

Whatever your problem is will determine the type of attorney you need.

Divorce and Separation

Divorce is the most common reason people consult a family law attorney. Unfortunately, statistics show that 40-50% of all marriages end in divorce. You will need an attorney for matters related to:

• Marital property division
• Alimony or spousal support
• Child custody and child support, if there are children in the household
• Other issues

Each state has laws for divorce. Some states, like California, have waiting periods for couples after filing a divorce. Others grant the divorce immediately.

Your attorney can provide more than just legal assistance for filing and completing documents. They can also advise on the best course of action at the outset of your divorce case. Experienced family law attorneys have seen issues resolved in negotiation, mediation, and court, and can develop a strategy to achieve your goals.

Child Support, Custody, and Visitation

Child custody and child support may be part of the divorce process or separate legal proceedings. Often parents can agree on everything else but argue over child custody and visitation rights. Having an attorney you are comfortable talking to about parenting and custody arrangements makes the process much easier.

Establishing paternity is often part of a child support case. A single mother can petition the court to order the father of her child to provide child support, but she must prove the alleged father’s paternity. She would need an attorney or other legal services to help bring this case to court.

An attorney can help secure an arrangement that prioritizes the well-being of your children in a contentious custody dispute.

Adoption, Guardianship, and Foster Care

The adoption process is long and difficult. Many private adoption agencies have their own attorneys on retainer to ensure they have legal advice on standby. Adoptive parents should always consult an attorney before and during an adoption. Some adoptions, like international adoptions, will require the services of specialized lawyers who know international law.

Guardianship, the legal process of caring for a child without adopting, is sometimes done by family members when the parents of a minor child are unavailable or unfit to care for the child. Guardianship is a complex legal matter that requires legal advice before the family member can proceed.

During foster placement, a minor child becomes a ward of the state because the child’s environment is hazardous to the child’s well-being. The parents may have an attorney appointed if there are criminal charges.

Prenuptial and Postnuptial Agreements

Prenuptial agreements define spouses’ rights to marital property before marriage. Couples with existing businesses or real estate often want to protect their rights in the event of a divorce. State laws require both parties to have the agreements reviewed by their own attorneys. A postnuptial agreement gives the same protection after the wedding.

Orders for Protection

Restraining and protective orders may be part of divorce proceedings. If there are allegations of domestic violence, an attorney may include a request for a restraining order with the petition. Some people who don’t want to involve the police may come to a family law office for help obtaining a protective order from the court.

Estate Planning

Estate planning may be part of family law for forward-thinking couples. Planning the disposition of property and guardianship of children in an emergency is essential.  

Reasons To Hire an Attorney for Your Divorce

If you are considering filing for divorce, it may feel overwhelming. Even if you understand the legal procedures, there are still many decisions to make. Moving forward with this process can take an emotional toll on you and your entire family.

Even if you are considering divorce mediation, working with a family law attorney can positively impact the process and outcomes. Keep reading to learn more about the benefits of hiring an experienced family law attorney to help you navigate and finalize your divorce.

Objectivity

As an outsider to your divorce, your attorney can be objective about your case. You may be tempted to go for a quick resolution when emotions run high. Your divorce lawyer knows you will live with this outcome for years.

They want to ensure you make the best decision for the long term. For example, your attorney may counsel you to wait for a more equitable division rather than accept a quick settlement agreement on property division.

Help Navigating Paperwork and Red Tape

Divorce involves a lot of paperwork, process, and deadlines. An experienced attorney can work through the myriad of time-consuming paperwork. This saves you time and energy. It can also give you peace of mind that all forms and documentation are accurately completed.

Access to Experts and Consultants

When a divorcing couple has wealth, a family business, or extensive property, a family law attorney may bring in experts. This team of experts and consultants could include business valuators, forensic accountants, and Qualified Domestic Relations Order (QDRO) experts.

Accessing experts may add to the cost of a divorce, but they tend to work quickly. The information they provide can support arguments on the financial aspects of a divorce trial. They can also ensure a fair and equitable settlement agreement.

Alternative Dispute Resolution (ADR)

A family law attorney may advise you to try an alternative dispute resolution process. Using mediation or collaborative family law often saves time and money. It can also protect the positive working relationship between the couple. That may be important for parents who will be co-parenting in the future.

If you’re engaged in a DIY or uncontested divorce, this can be the best way to handle divorce proceedings. This is also true in any other type of collaborative divorce.

In alternative dispute resolution, you and your spouse can meet with a mediator to deal with your divorce. Or you and your spouse’s attorneys can meet with a mediator to resolve all issues arising in a divorce. The same process can be used in a legal separation.

Regardless, you must collect all the necessary documents for a divorce. These will include legal documents, including court forms.

Experience Working with Other Lawyers

An experienced family law attorney can deal effectively with opposing counsel. Lawyers speak the same language throughout the various stages of the divorce process, including:

• The early exchange of information (the “discovery” process)
• Settlement negotiations
• Family court

Having an attorney on your side who is at ease working and communicating with other legal professionals is crucial for ensuring a smooth legal process. Their ability to maneuver interactions with opposing legal representation and judges can help secure the best possible outcome for you.

Favorable Settlement Agreements

Family law attorneys work hard to reach the best divorce settlement agreements for their clients as early in the divorce process as possible. Their expertise in negotiation and mediation can help ensure fair outcomes, which can minimize stress and conflict all parties involved. By addressing these issues early on, you can move forward with your life faster and with more confidence.

Family Court Experience

An experienced family lawyer can represent you in court if a trial becomes necessary. They may be familiar with the family court judges who work in their area and how those judges have ruled on similar issues. This can be useful when advising you on how the court may view your case.

Do Divorce Attorneys Work on Contingency?

Lawyers cannot take divorce cases on a contingency fee basis. This means they cannot handle your case for a portion of the award. Legal fees can be expensive in a long divorce case.

If you need help, nonprofit legal aid services or self-help clinics at courthouses can help fill out and file the paperwork. But most cannot give legal advice. Your state bar association can also give you referrals to low-cost legal aid.

How To Find a Family Law Attorney

If you need a divorce attorney, are starting an adoption, or want to modify a child support order, you need a family law attorney. Because state law is relevant for all family law issues, your attorney should be licensed in your state.

FindLaw’s directory of family law attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also include ratings and contact information. Then, reach for help navigating the legal system and working towards a favorable outcome.