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History of Gender-Biased Family Law in the US - Why Is It Important for Men to Understand This?

This article discusses some of the reasons behind why the family law system in the US has arguably become highly gender-biased against men, particularly if they happen to be the only party working outside the home.

You will probably find the discussion, as with future articles I shall write, rather politically incorrect. That's OK with me. The regular slicing and dicing of men in the US divorce system stands as a fact and I challenge you who disagree to respond with well thought-out comments that don't attack me on a personal level.

As you read on you might notice that I try to keep my own writing on this hot-potato topic as objective as possible and attempt to avoid casting broad negative generalizations against various players in the scenario. Particularly, I have no axe to grind against women. I write without bitterness or anger. That doesn't mean that I do not objectively see the system as taking advantage of the working male.

A working male undeniably faces a broken system biased against him. This is not to be taken personally. It's just where the system has landed after some major changes designed to justly empower women, many of whom, before its reform, found themselves destitute at near-poverty levels and often with children to support. When and how did these changes happen? The system while attempting to reform itself, got lost sometime between 1972 and 1982, according to a senior divorce attorney I interviewed. During that pivotal era, the family law system in the US worked through state legislators in a genuinely wholesome and well-intended attempt to reform a broken system.

Divorce before 1972 generally favored working men. Unfortunately the process produced scores of newly single women destitute and alone with their children, and thus, at the mercy of the social welfare system.

In response to this growing problem, some very politically powerful women's-rights groups influenced state legislators to initiate corrective changes. These activists claimed with a lot of truth that the system was bound to harm society through its harmful injurious effects on the most innocent of participants, the children.

So states changed laws, and attitudes changed in courtrooms so that working men faced certain financial obligations from which they could no longer so easily avoid or minimize with good legal representation.

This significantly reduced the impoverishment of newly divorced housewives and mothers. Also, the new practice of coming down more severely on the family breadwinners who were generally male created a bonanza of new money to be made. As the divorcing party with the higher earning potential, these men would pay lots of money to get a fair shake.

The more unfair the system became, the more these men felt a willingness to fight it out. And through their careers, many had the resources to do so at great expense. The more unfairness they perceived, the more they seemed to fight it, win or lose.

Simultaneously as alimony and child support trends stiffened, fewer women and children became displaced into poverty. That was of course great for society and especially for children, always the worst victims of divorce. With fewer women and children in need of public assistance, government-run welfare and other public aid programs saved huge sums of money. Ex-husbands provided funds previously shouldered by these programs.

The further that the legal system and state laws pushed men, the more everyone benefited. Thus under the guise of protecting the many struggling post-divorce single mothers who during their defunct marriages had sacrificed careers to stay home and raise children, the highly profitable financial slaughter of competent working males became commonplace and justified.

In summary, as the legal system tightened down on working men involved in divorce, two serendipitous phenomena emerged for lawyers and for the government.

1. Lawyers found legal fees more abundantly obtainable when the ostensibly
wealthier of the two parties (usually the working male) was placed on the
defensive in a divorce.

2. Governments benefited financially. Placing the burden of support on the working male saved the public welfare system millions that it might otherwise have spent supporting divorced women as they languished in poverty or attempted to transition back into the workforce.

This comfortable arrangement if not actually the cause of a system stricter on working men, certainly left no incentive to ease the situation. Gradually it over-corrected more and more to where it currently stands in 2010.

Hopefully someday the pendulum may actually swing somewhere towards the middle. That will only happen when women as a group catch up to and even surpass men as the more economically viable gender. In the meantime as men, we're forsaken to deal with the realities of the current system. We absolutely need to navigate it in the most well-informed and proactive manner possible. This leaves little room to waste resources on unproductive anger.

Yes, in most cases the current family law system of divorce in each state does tend to neglect the rights of the working male but not because anyone hates men personally, so move on and dismiss any impulse to anger over it. If you are a working male and facing divorce, you're going to need all your psychological resources to not give in to the anger that unfairness inevitably produces, but I argue that it's well worth the effort. It really is not about you being male so keep everything in calm and reasonable perspective.

How to Choose a Family Law Solicitor

If you need a family law solicitor, then you'll want to make sure that you get the right one to meet your needs. Maybe you have a firm of solicitors that you use for property matters, but will they be the best people to hel with your divorce?

Find out what you need to know

1. A law firm that specialises in family law, will be more appropriate than one that specialises in personal injury claims, or construction law. Perhaps your current solicitor can advise you of another firm, if they don't provide the services you need.

2. Make sure that you find out how much experience the law firm you are considering has had. Are they used to dealing with cases like yours, or do they normally deal with other sorts of family law?

3. What sort of results have they had? Have they dealt with very similar cases to yours? Are they able to give you the assurance you need?

4. Your solicitor will need to be understanding, and sensitive to your situation. Because you need a family law solicitor, you'll be going through a difficult and painful as well as very emotional time, and your solicitor should be compassionate.

5. Your solicitor will need to be concerned about your case, and not think of it as another divorce case. If you think that they might not be taking your case as seriously as you do, then perhaps they are not the right solicitors for you.

6. Your case will need to be handled in a professional manner. You want your solicitor to give you're the help and advice you need without being patronised, or assuming that you know exactly what's going on and what will happen next.

7. If your solicitor doesn't ring you back on time, or takes a long time to respond to emails or letters, then perhaps it's because they are busy, or perhaps it's because they don't really value your case.

8. If you're going through a divorce, then you'll want to make sure that you get what's entitled to you, and that your solicitor is capable of representing you properly.

9. Family law will affect the children, so it's important that the disruption and feuding between partners is kept to a minimum. An experience family law solicitor will be able to help and advise you when it comes down to your children.

10. You might need to visit several family law solicitors in order to find the right one for you. You shouldn't necessarily base your decision on location or price. If you need a family law solicitor, then you want a good one.

Now you know more about how to choose one, perhaps it's time for you to hire a family law solicitor.

Family Law Solicitors Will Help You Through Your Dispute

Family law disputes are every couple's worst nightmare. It is incredibly distressing to find oneself in a situation where relationships have broken down and the situation is even more fragile when children are involved. When a couple decides that divorce is the only option for a happy future, oftentimes enlisting the help of a family law solicitors, is a good idea.

Family law solicitors are able to offer guidance and help in the many complicated aspects of divorce. Before they find themselves in the situation, few people can claim to have been fully aware of the complexities of splitting up. For example, it must be decided who will go on living in the family home, or whether it will be sold and how the family's assets will be divided up.

Furthermore there is the quagmire of child custody, which can be an incredibly emotional process for all involved, including the children. It must be decided which course of action is in the best interests of the child or children. Many times, the mediation of solicitors can help warring couples to reach agreements and give impartial advice on what is the best course of action.

Unfortunately, there are also times when a couple simply can't agree on a suitable way to divide assets and award child custody and the courts must be consulted. This process in itself can be distressing, so it is lucky that solicitors will be on hand to guide clients through the process and try to reach the ideal solution.

Vallejo Family Law Firms -- Making Divorce Cost Effective

Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children's emancipation. Post-divorce problems can linger for years, even for a lifetime.

In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.

A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It's solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It's groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.

The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.

So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms - one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneys' critical involvement.) It is generally much less expensive than litigated divorces.

I hope your brain isn't spinning too much at this point. But here's it in a nutshell, you can

- mediate

- have a collaborative divorce

- create a separation agreement.

- duke it our in court.

The first three are usually the best.

Before filing your dissolution, contact multiple Vallejo family law firms - or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that's all Vallejo family law firms are trying to do. Help you create a fair settlement.

It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.

Need A Family Law Solicitor? Yes! When Custody Is an Issue

In a perfect world, divorce would be an amicable parting, a fair and just parting of the ways. One might even say that divorce would never be an issue in a perfect word. But, nevertheless, the world of today is far from perfect, and divorce can get ugly, very ugly. During a tough divorce, many adults try to "win" the divorce by being awarded a settlement that is favorable to them. This may not always be a settlement that is in the best interest of the children, though, and this is where a family law Solicitor can be invaluable. A family law Solicitor can be hired by either party during divorce proceedings to ensure that the best interests of the child are upheld by the court. A lawyer can also be useful in custody hearings and during child protective cases. Child protective cases arise when the state steps in to remove children from the home in an effort to remove them from a dangerous, negligent, or abusive situation. In these types of cases the children are often put into foster care or placed for adoptions. A family law Solicitor can be instrumental in guaranteeing that the parental rights of the biological parent are upheld in this situation. There are numerous Solicitors that practice family law, and you will be able to find several just by browsing the phone book. This is rarely a good way to find the best family law Solicitor for your case, though. You can also never be guaranteed that you will get what you pay for. While it is true that the least expensive Solicitor is rarely your best bet, the most expensive may not be exactly what you're looking for either. Be sure to ask for references and do your homework before you hire a Solicitor.

Here is a brief list of what you do not want in a family law Solicitor:

  • Stay away from lawyers who use custody issues as a way to wrangle more money or assets from the other party. The lawyer should always have the best interest of the children in mind. If the family law Solicitor plans to use the children as leverage to win the case, you can be guaranteed that they will feel torn and displaced during the divorce proceedings.
  • Be wary of lawyers who advertise that they specialize in the rights of the father or mother. A good lawyer will be able to look at your case without prejudice and figure out a solution that is best for the children.
  • If your lawyer is too busy to return your phone calls and answer your questions thoroughly, he will likely rush through the case as well. Always choose a lawyer who listens to what you have to say and responds accordingly.

During a difficult divorce, it is common to lose sight of things. A good family law Solicitor can ensure that the children do not suffer as a result.

Is Your Family Law Firm Making the Most of Maps?

One of the most cost-effective ways to promote your family law firm is through business listings on Google, Yahoo, and Bing.

Each of the three search engines has been catering to small businesses in recent years by offering free online profiles that can be filled out with contact information, photos, and descriptions. For small family law practices on a tight budget, these listings offer an excellent way to increase visibility.

Make the Most of Your Business Listings

While these profiles are easy to fill out, you'll experience better results by optimizing them properly. More specifically, your business could be listed among the "maps results" that search engines place at the top of search results page.

Having your family law firm business profile appear in the map on the front page of common search results may require a dedicated maps optimization plan. Here are some steps that may increase the visibility of your maps listings:

  • Having reviews within your business profile increases the chances it will rank highly. But be careful: These reviews must be authentic, and must be written over time. Otherwise, both search engines and humans will detect they're not real and you'll lose credibility with both.
  • The mapping services also pick up reviews written on other sites, including Citysearch and Insiderpages, and include them in the profiles. So remember that positive or negative reviews around the web can be part of your Google profile, too.
  • Don't worry if you have one or some negative reviews, as this is inevitable for many law firms and businesses.
  • Include visual components in your listing, such as photos of your attorneys and your law firm's logo.
  • Take advantage of the opportunity to describe your firm within these listings, but don't use the exact same wording as your website or other online profile. Instead, create a new description of your firm, its credentials, and the services you offer.
  • Incorporate keywords that correspond with what you offer and common search phrases, based on keyword research.
  • As best as you can, make sure your business name and address is the same across all your business profiles, including ones not offered by search engines. This is especially tricky when another business recently occupied your location, or you've moved.

An Excellent Opportunity for Family Law Practices

Search engine map listings are a no-cost option for family law and divorce attorneys to reach new audiences. And a smart local maps campaign can make the listing all the more visible.

What Your Family Law Attorney Knows About the Protective Order Process

Before we begin, I need to present a quick legal disclaimer. I am a Maryland family attorney, Virginia family attorney, and DC family attorney. Therefore, the information contained in this article is geared towards those jurisdictions. If you need help with a domestic violence case in any other state, I highly recommend seeing an attorney licensed to practice in that jurisdiction. It is also important to note that this article is for informational purposes only, and is not intended to be used as legal advice.

Now that we have the formalities out of the way, let's talk about domestic violence and, more specifically, about the protective order process. First, without domestic violence, there isn't a protective order. So what is domestic violence? Basically, it is an act of violence committed against a person eligible for relief, which either physically harms the person or places them in reasonable fear of imminent bodily harm. Other acts that may entitle the victim to relief are those that constitute assault, false imprisonment, or stalking. The definitions of a person eligible for relief and domestic violence will vary depending on your location. Consequently, it is important to consult a family law attorney if you are considering petitioning the court for an order of protection or you have been served with paperwork alleging you have committed family abuse.

Once the act (or acts) is committed, the victim must turn to the court for help with obtaining a protective order. Of course, if someone is abusing you, the first thing you really want to do is call the police, but the court is the next step. The course of action will depend on whether you make contact with the court during normal business hours or outside of the court's normal hours.

If you are filing a petition for an order of protection, and it is the weekend or the middle of the night or otherwise during a time when the court is not open, you will appear before a commissioner or other third party authorized by law, who has the authority to issue an interim protective order. The interim protective order will offer protection for a very limited period of time, usually only until the court opens and you are able to appear before a judge.

If you are filing your petition while the court is open, or if you are coming to court after the entry of an interim protective order, then you will appear before a judge for issuance of a temporary protective order. The purpose of this hearing is to determine whether there is enough of a reason for the judge to issue a temporary order and set the case for a final protective order hearing. In most cases, the alleged abuser will not be present at the temporary protective order hearing, and the temporary order is only in effect until the final hearing takes place. After the temporary protective order hearing, the sheriff or other authorized officer will serve the alleged abuser with the order and the notice to appear for the final hearing. Usually the final hearing takes place within one to two weeks after the temporary hearing.

Next comes the final protective order hearing. This is the time when you get to present to the judge all of the reasons why you need protection from the person who abused you. Or it is the time when you get to present all the reasons why you didn't abuse the person who is making the allegations against you. Either way, depending on the evidence presented and the standard of proof, the judge will either grant an order of protection or dismiss the petition. If the judge grants an order of protection, there are many different provisions that can be included in the final protective order. In addition to no contact provisions, the judge may be able to order the abuser to get treatment for anger management, alcohol, or drugs, surrender firearms, not go within a certain distance of specific addresses, and other things. If the parties have minor children together, the judge may issue a temporary custody and visitation schedule or also issue an order protecting the children. If the judge dismisses the petition, the case is over, subject to the different rules pertaining to appeals.

So there you have it - the protective order process in a nutshell. One myth about protective orders is that they are in effect forever. That just isn't the case. There is a limited time period for which the protective order can be in effect. But these and other questions about the intricacies and nuances of the petition, process, and orders are better to be answered by your family law attorney.

Divorce Help From Experienced Family Law Attorneys

When going through a divorce, many find that the process is often muddled with various legal steps they know nothing about. Finding the appropriate divorce help is crucial to those going through a divorce, as an experienced family law attorney has assisted many people in making the process much smoother for themselves.

An attorney may offer advice regarding when and where to file, how to best protect one's assets and/or rights and how to reach a fair settlement. Speaking with a qualified family law attorney is important in having one's questions and concerns addressed, and many law firms offer free consultations.

An attorney may offer advice to those who believe their spouse will file for divorce in another state. The travel expenses one may rack up in this case can be extremely costly. An attorney may best advise their client on how to handle such a situation or how to avoid this scenario all together.

Having a qualified legal representative by their side has allowed many people to protect their rights and themselves while going through divorce proceedings. As many people are on a budget when getting divorced, many law offices will discuss their client's budget in reaching a workable plan.

There are several issues that frequently arise in a divorce. Assistance through this process is crucial in many cases to reaching a fair settlement that respects the wishes of both parties. Issues such as child custody, child support, spousal support and dividing a couple's assets are often prominent in discussing a divorce agreement.

With experienced and knowledgeable representation, many people have successfully avoided being taken advantage of by a former spouse. As each state has different laws regarding divorce, child support and other issues common in a divorce case, it is important to seek divorce help from a family law attorney experienced in the state.

Picking a Family Law Attorney

Family law is a branch of the law that is concerned with all of the legal issues that are connected to a family. For instance family law involves marriage, divorce, custody of children, child support, adoption and domestic violence. Dealing with problems within your family can cause a maelstrom of emotions and finding an attorney who can help you get through the rough patches can prove to be invaluable. This is a crucial time in your life where you require guidance and someone that you can effectively communicate your unique set of circumstances to.

An attorney of family law is someone you can turn to when circumstances in your family necessitate the hiring of a legal professional. You want to select a family lawyer who is skilled at the area of law he specializes in, as well as someone who is trustworthy and makes you feel at ease. You need to feel comfortable enough with the professional you hire to discuss matters of a personal nature. If you do not feel that you can talk about private issues regarding your family with the attorney you have chosen then you need to reconsider your choice and look for someone else.

A law firm that is worth your time and money needs to be experienced and have a proven track record of success. It is essential that the problems you are dealing with are resolved as quickly as possible and do not drag on for too long. The longer they continue for the more emotionally draining it can be for you as well as the rest of the family. The right legal practitioner can deal with sensitive marital and family cases in a timely fashion, and hopefully with as little expense to you as possible.

To ensure that you find the most appropriate attorney for the circumstances you find yourself in you need to select a specialist who possesses extensive experience as well as knowledge in family law matters.

Choose an attorney who knows his or her state laws well. You need to know before you start looking for a lawyer that all states have variations in the laws that govern family legal circumstances. To find a lawyer who would be well versed in what you need consult the county and state bar associations.

Once you find someone who you think would be suitable for your case you need to discuss the fee structure with him or her. Before you hire the family law attorney you need to finalize all fees. Certain legal proceedings can be more costly than others. If you are not informed about how much your legal fees will come to then this could end up getting you into trouble financially.

Narrow down your choice of attorneys to three and then book consultations with each one. While some lawyers do not charge for the initial meeting others do. Be prepared to pay for the first appointment just in case.

Family Law - Various Issues With Which it Deals

Family law encompasses a wide range of family related issues including prenuptial agreements, adoption, child custody and visitation and divorce to just name a few. In our modern society one doesn't have to look further than the media to see the complications of modern life are not necessarily keeping up with the abilities of the court to regulate and offer relief. Issues such as property division when a couple has lived as man and wife without the legal recognition marriage can offer an eye opening experience as judges can not treat the property obtained during the relationship as marital assets and a whole new set of rules, which may seem less accurate and less fair, but none the less apply. When children are involved it can become more complex as the need to establish paternity can slow down the process to arrange child visitation, custody and support. Taking all of the deviations of life into consideration it is easy to understand why this law becomes important in protecting the rights of families.

Although technically divorces are handled by the Supreme Court, most other similarly related matters are handled by family court. This court can ultimately end up micro managing the lives of families with concerns such as paternity, child support, and spousal support. Paternity is usually not a problem with children born in wedlock but it may have to be established for children born out of wedlock. If paternity has already been proven the court can move forward towards setting kid's support. This law can also work with custodial guardians to enforce child support orders and garnish the wages of parents who refuse to pay support. Other issues that family court deals with include spousal support. A non working spouse in the process of being divorced can be entitled to spousal support in order to avoid going on welfare. In addition to the types of law already discussed, this can extend to criminal matters such as restraining orders related to domestic violence. The same will also address the issue of youth who are beyond parental control and juveniles who have been charged with criminal offenses.

Clearly this law is capable of providing a wide range of services not only for families who need court intervention to move forward with their lives but also for families who occasionally find a need for family court to enforce established orders such as child or spousal support.

Using Family Law Software For Successful Co-Parenting

There have been many developments in family law software to help people with their custody cases. There are various programs that are available that can help parents create custody agreements, set up custody and visitation schedules, track the time that each parent has with the children, etc. One benefit of some of the family law software is that it can assist parents who decide to try co-parenting.

Co-parenting is a type of custody agreement where the parents both try to stay involved and parent their children. This is a different approach than single parenting where one parent is left with the majority of responsibility for the children while the other parent does very little. In a co-parenting arrangement, both parents care for the children and make decisions about childcare, education, religion, and other important issues.

An obstacle that many parents have to overcome in co-parenting is creating a schedule that allows both parents to be involved with the children. Often this schedule is complex with many switches in custody throughout the month. Parents have to remember multiple pick up and drop off times as well as other important events. This can be overwhelming and confusing.

This is where a custody software program might be able to help. There is software that lets parents sit down and quickly create a custody and visitation schedule. This can save parents a lot of time because they don't have to manually go through a calendar and schedule everything in. They can sit at the computer and with a few clicks of the mouse they can have their schedule all set up. The parents then have a nice, clean calendar to hang up to remind them of all the transfers and visitation days.

Along with creating the schedule, many software programs show the time-share percentage that each parent has with the children. This is nice because then both parents know that they are getting equal time with the children.

There are also programs that let you track the visits and take notes about what happened during visits and other events. This can be a great aid in communication between the parents. Some programs also let you track expenses and other things.

It's important to find a family law software that will help you. It should be easy to use--because you have enough frustrations as it is. It should allow you to easily create things that will assist you in being successful with co-parenting.

Family Law Lawyers Are Specialists of Law

Many Requirements

When an individual decides to look for legal services dealing with family matters, he will have to opt for family law lawyers. These persons not only specialize in laws related to the family but also deal with other aspects of the legal system. The best family attorney will have to be trained in family law, and will also have to able to refer to other legislations of different areas, like property, for example. Legal representative for family law will additionally have to be aware of sensitive issues regarding family, like child custody and domestic abuse.

Family law lawyers are expected to be able to explain various legal options to couples going through a divorce, especially when children and property issues are involved. Firstly they should be able to give legal, as well as, personal advice; secondly they should organize paperwork for the case; and finally they should represent you in court. A family attorney is not in fact only responsible for legal advice, but also for his/her skills of turning the court in favor of his/her customer. A good lawyer will balance the three parts of his job, or he/she will have assistants to deal with the administrative responsibility.

Many Responsibilities

Family law lawyers' responsibilities include emotional support, which should also be impartial but at the same time sympathetic. A family attorney should be aware that winning the trust of a client, by listening and understanding the client's requirements and needs, is a must. Being professional is part of the job, but it is also important to identify when a family issue has to be taken with a personal approach. There might be some extra hours involved but it will eventually pay off in victory.

Family lawyers also provide free services for families and individuals of low income group. They can moreover be consulted over the phone and on the internet for small queries and advice. An appointment would be charged per hour and at times the fees can be quite high. If the family attorney is very experienced and popular, their fees will match their skill and fame. It is however advisable to pay for a good lawyer when sensitive and complex issues are involved. Divorces with high property stakes cannot be solved over the phone. These are instances where the fees will not only rise by the hour, but also depend on the outcome of the court trial.

Areas of Family Law

If you have a positive net wealth or any property to be distributed, you should contact a family law professional to help you correctly draw up a Will and Trust. These are the legal documents that are needed in the event of your death in order for your property and money to not end up in probate court. In these documents you will distinctly specify your intentions for your property. The idea is to ensure that your estate will be handled in your own interests and to make the legalities that follow the event of your death clear and easy to navigate, with the help of a family lawyer, by your remaining family members.

Maybe the most widely known area of this kind of law is within the divorce realm. Unless you are a part of an uncontested divorce, there are innumerous legal issues to be sorted out as a part of the event. Separations of property and determination as to whether that property was marital or otherwise must be determined.

Alimony, which is a payment of support made from one spouse to the other, and child support, a payment made by the non-custodial parent to the custodial parent must be determined, and someone who specializes in these kinds of cases is the type of legal support that you need in these types of proceedings. Annulments, although usually affiliated with the religious rather than legal side of the relationship, can also be attained if an attorney is able to help you determine that a legal marriage never existed.

Adoption is probably the least tainted sub-category of family law. When someone has decided to pursue adoption, there is a large amount of legal matters to navigate. There are background checks for the prospective parent or parents, home studies, and, in spite of the happiness that should be on the forefront of the adoption, there are all kinds of legal hoops to jump through and flips to do to ensure that everything is acceptable and in place both for the adoptee and the adopters.

There are three of the broader categories that belong under this umbrella. Things such as domestic violence, victim's protection, children's rites, and any other situation in which the defendant and plaintiff are of the same family will fall under this branch of law as well. Finding a family lawyer that is a good fit for your case is really about finding someone that shares your values and goals for the outcome of the case. When you are dealing with your family, only the best legal representation will do, so be sure to find someone who specializes in the area of family law that is most applicable to your case.

Family Law Attorney - They Can Help

Raising a family can be one of the most difficult yet one of the most rewarding experiences of your lifetime. However, when things begin to go wrong between you and your spouse, this will likely be the most difficult time of all.

Many things can go wrong in a family, especially if you and your spouse decide to call it quits on your marriage. If this happens, you will have to go through many processes to end things and separate your lives, especially if you have children. In this case you will probably want to think about hiring a family law attorney to help you through everything.

A family law attorney specializes in the processes that you will go through in ending your marriage and can be very effective in easing the situation. The processes that you will likely have to go through that this legal professional can help out with include a child custody hearing as well as a child support hearing.

Probably the most difficult part of ending your marriage will be when it comes time for the court to decide which parent will be awarded custody of the children. When it comes to this hearing, it is a major benefit to have a legal professional on your side fighting for you right to be awarded custody of your children. Additionally, after the custody battle is settled, you will likely have to go through the support hearing, which is just as important to have a professional on your team.

Ending a marriage is hard enough without attempting to go through the legal process alone. If you are facing this situation, you might want to think about hiring a family law attorney. These professionals specialize in the situation that you are going through and will have the knowledge you lead you through the process successfully.

Family Law: The Purpose of Mediation

It seems that people are becoming more willing every day to take a legal matter directly to the justice system for resolution. This may be caused by or at least influenced by the recent influx of class action lawsuits against pharmaceutical companies. These types of personal injury cases can be time-consuming for an individual, but cases involving family law are usually far more detrimental and can lead to unfortunate consequences for any of the parties involved. It is a good sign, however, that people are becoming more willing to handle their family disputes through family law mediation. Mediation offers several benefits, and the outcome of the process is often far better than that which could be received in a court of law.

What is Mediation?

Mediation is a type of alternative dispute resolution that keeps the involved parties out of a courtroom. As the name implies, mediation involves the use of a neutral third-party mediator in an effort to settle a dispute. Mediation is used in several areas of law which include family, real estate and business. Disputes such as divorces, child custody battles, spousal support or any other type of family law disagreement may be able to be resolved through the use of a mediator without having to drag the family through the mud during a court trial.

Mediators sit down with the two parties who are in disagreement. It is the mediator's job to open up or improve the dialogue between the two parties. Licensed mediators can often be found by contacting an area's local bar association and requesting information. These mediators do their best to help the disputants come to a mutually beneficial agreement. If an agreement is impossible, then both parties still have the right to pursue legal action. If the parties do come to an agreement, however, it is possible to make it legally binding through a deed of agreement.

Why Mediation is Important for Family Law

Most people are fully aware of the harsh consequences that can befall the individuals involved in family legal disputes. Arguing over the custody of a child or marital benefits in an open court can be detrimental to the entire family and potentially destroy extended familial relationships. The costs related to hiring attorneys and constant court fees can also quickly add up. The full cost of involvement in these legal proceedings can make disputes over property seem especially minor once all is said and done with.

There are of course other benefits to hiring a mediator as opposed to going into court. As mentioned earlier, attorneys can end up costing a family thousands of dollars between the two parties involved. Luckily, family law mediators must be experienced in family law issues. This often means that licensed psychologists, social workers and attorneys will be the only available mediators. This in turn means that the mediator will have full knowledge of the related laws and be able to present them in a fair and balanced manner for all parties.

Many parties involved in a family legal dispute will try to handle the situations themselves without the use of the courts or a mediator. While this can be prudent in some cases, it often leaves many things to be desired. An agreement between two parties, for instance, may not be a legal resolution in the area in which they live.

A mediator will know this and be able to offer solutions that the family never even considered. The parties involved can still hire attorneys to represent them during mediation, and this often gives all parties a sense that their full rights are being protected.

Benefits of Family Law Mediation

There are several benefits related to handling a dispute in front of a mediator rather than a judge. The legal system obviously benefits by being able to redirect its resources to cases that cannot possibly be resolved without intervention of the courts. Most individuals involved in family legal disputes, however, don't really see this benefit as a huge perk. Fortunately, there are several advantages that directly affect the parties involved in the dispute as well.

One of the biggest benefits of using mediators to handle family law disputes is the confidentiality that is inherent to the mediation process. The only people who will have direct knowledge of what happens in mediation are the mediator and the parties involved in the dispute. Mediators, in most cases, cannot be compelled by the legal system to testify about anything that occurred during the process. It is unfortunate that complete strangers or spiteful acquaintances can sit in the courtroom during most family law cases, but mediation completely removes the possibility of this problem.

Another beneficial feature of mediation in these disputes is the fact that the involved parties always have some form of control over the process. Either party can walk away from the mediation at any time if they feel it isn't proving fruitful or fair. Both parties also have a say in the final agreement that is reached. This is not how it works in a court of law. Judges or juries will pass down judgment that usually benefits one party to the detriment of the other. Mediators can also come up with complex solutions for problems that judges and juries cannot provide legally.

A final factor that many parties to mediations find appealing is the expedient process. Court cases can be dragged out for months or even years. This means an insane amount of money can be lost on attorney fees and families can go extended amounts of time with no real resolution. Mediations are often able to be handled in one day. Even though mediators do charge a fee, the simple fact that the mediation will only cost all parties involved one day of their time makes it a far more economical and efficient way of handling family issues.

What Moms Need to Know About Child Family Law

If you are in the middle of a separation, you need to understand about child family law in your state and how it will impact you. If your divorce involves children, it will be beneficial to know what the particulars will be in your situation. These will be the most important decisions you face - it's imperative that you learn all you can about child family law before you go to court or settle.

What does child family law entail? Child family law incorporates everything from child custody, visitation, child support and more in relation to divorce, separation and annulment.

Are you concerned about child custody and visitation rights during and after your divorce is final? Typically, family courts will be dedicated to encouraging the family dynamic, promoting the presence of both parents whenever healthy for both the child and parent. The court will allow visitation schedules and share the rights of the child or children between the parents whenever possible. Whereas child family law used to favor the mother and would discourage a father from taking a child overnight because it could be "unhealthy" for the infant, the court's position has shifted dramatically and mothers no longer have the law automatically on their side. Typically the courts now favor joint custody arrangements based on the importance of both parents' presence around the children.

While this is the best arrangement for most kids, when dealing with an irrational, abusive or vindictive ex, it can make the child custody arrangements extremely difficult. In these cases, it's imperative that you know about child family law because there are things you can do to make it easier on you and your kids.

Another aspect of the child family law is the payment and financial support of the children. It is in the interest of the courts to ensure that your children are well taken care of. The parents are equally responsible for the well-being of the child. If the mother takes primary custody of the child, for example, and does not have an income as large as her husband's, she can petition for financial support through child support. Depending on what state you live in, you can get child support based on child family law. The law typically dictates that financial support will continue until the child is 18-years-old or 19-years-old (if still in high school).

Contrary to what some abusive or vindictive men will have you believe, there is immediate help available if you leave your spouse and have no means to support them. Domestic violence forums are a great source of information on this as well as local domestic violence shelters.

Learn more about how child family law works in your state to see how it will impact your future separation and divorce proceedings. By understanding the law's specifics ahead of time, you can better prepare for the legal process that will influence you, your ex and your children.

Family Law Lawyers - For Legal Problems of a Family

Family Law Attorneys and Family Law Lawyers generally practice family law and take up family related cases of all kinds. These can be marriage, prenuptial agreements, adoption, domestic violence, separation, child custody and support, divorce, negotiation, adjudication, annulment, division of the property accumulated during the marriage, child abduction, alimony, kidnapping or child seizure, abuse in the marriage, emancipation, etc. etc. and many more cases related to family. They also manage cases related to property related laws; criminal laws, trust and probation law, etc.

The most of the cases that comes to a family law lawyers are of separation, divorce, and child custody or child abuse cases. There are a number of things to be considered in details in such cases and family law lawyers are expert in all legal requirements of such cases.

If Family Law Lawyers have more experienced than compared to qualifications then they are thought to be ideal. There is lots of negotiation and documentation to be done when taking up a family case. These lawyers are can usually support the person and his family - emotionally, morally and professionally. They help in reducing the pain of separating a person from their children or from the spouse. As family law differs in each state, they deal with it professionally as they know about the laws prevailing in that state

Family law lawyers charge their fees depending on the kind of case. Most lawyers charge either a flat rate or an hourly fee - after the divorce is legally accepted by the court. The hourly fees depend on the area or state where the case is to be presented. Also usually, the attorneys charge on retainer basis just like regular lawyers specialized in other areas.

Family legal problems are very frustrating and mentally tiring and the right way to manage them is by taking the help of an experienced and well qualified lawyer. A long list of qualified and experienced lawyers can be easily found from the Internet or the yellow pages.

What the Role Is of a Family Law Advisor

If there are any minor or major issues within a family, they may need to receive family law advice and to help resolve the situation. It is not necessary to get support of lawyers in every domestic violence case, but it will be good to consult them in some instances. When compared with other legal fields, domestic violence or divorce cases tend to be much more peaceful and do not include as complicated laws as some other fields.

Usually, there are some typical divorce cases where people will need the help of a family law advisor such as dealing with child custody or in deciding where the alimony should be paid. If there are issues in a case and a couple is not able to solve it by themselves, then they may need to seek outside help. Prior to consulting any attorneys, you need to make sure that there are lawyers who have relevant experience and a proven track record with domestic cases or have handled similar cases before. However, if someone is on good terms with their ex-spouse, then there may not be any need for lawyers and things can be sorted out mutually. Actually, it is advised to have good relation with their spouse, so that their kids are not affected and they would not suffer any kind of emotional trauma.

The services of family law advisors are not limited just to helping a family that is splitting up but many family issues can be solved through their assistance. For example, if a couple is planning for an adoption, then they may need the support of an attorney as the process requires lot of paperwork. These attorneys can also implement stipulations on parents who are very abusive or not fit to look after children.

A family lawyer should also have the ability to prevent child abuse. There are many instances where young kids require legal assistance in terms of domestic violence or abused and it is the right for every child to live in a happy and loving family. These lawyers should then take the responsibility to search for the best family who can adopt them.

In retrospect, families will have disputes and many will be resolved quickly and mutually. However, there are some more serious cases that may need legal intervention from family law advisors to settle them effectively and to prevent the situation from worsening or happening again in the future.

Family Law Explained

Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc.

All courts in the world have reported increase in family law as parties divorce, adopt children, contest paternity suits, etc.

According to family law lawyers, this branch of law is different from the other branches because it touches on sensitive private matters. Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship.

The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society. For example, in societies where same sex relationships are not accepted, this kind of law requires that such union cannot be recognized as marriage in courts of law.

Like all the other branches of law, family law has undergone many transformations in an attempt to address the mediate issues in families. For instance, most societies have attempted to legalize 'come we stay' relationships if the parties involved live together for certain period of time.

One if the most popular modern trends in family law is the collaborative law which refers to structured process which provides parties seeking divorces or parties involved in other disputes an alternative names of resolving their dispute rather than a going through the costly, lengthy litigation process in courts. Collaborative law allows the parties to marriage or proposed civil union to take the control of their destiny by hiring family lawyers committed to the process of resolving disputes in family and relationships within family setting amicably through discussions and negotiations without the courts being involved.

The reason why modern family law discourages the parties from going to court is that courts decision have win-lose outlook. The court litigation is also complex, and as is the case with all matters of law is costly and may take long time to solve the matters.

In collaborative family law, disputes between family members can be settled amicably so as to ensure that their relationship as family is preserved. The collaborative family lawyers agree that they will not represent their respective parties in court litigation if either party decides to go to court. In the jurisdictions where is has been applied, collaborative family law has achieved good results in the amicable solution of family disputes. In some instances, it has successfully reconciled parties who would otherwise have divorced had the matter been decided by the courts.

Collaborative family law is not only advantageous in holding together families but also less stressful for the family lawyers. It ensures speedy, amicable resolution of disputes within the family.

Family Law - Know the Basics

Family law covers all legal matters directly related to the bloodline, including marriages, civil unions, divorce, prenuptial matters, custody, and property settlements. Having a firsthand knowledge about it always helps you to resolve your matters easily.

Historically within the US, family law was based around that of European feudalism. Prior to the 20th century, marriage was a practice which enabled the husband to become the owner of the entire wife's known property, in addition to becoming her legal guardian. This was despite laws which allowed women the right to property ownership. By the year 1900, all states, besides South Carolina, allowed for judicial divorces as instead of legislative ones. These took less time to process, start to finish.

By the 1970's, family law was evolving at a rapid pace. The associated topics were fast becoming part of a much wider national debate regarding morality, values, and gender bias. New changes were seen in the areas of child custody, divorce, and child support. By the end of 1987, all states had adopted no-fault divorces, thus making the divorce process much easier and time efficient. The new changes were protested by individuals who advocated traditional values, due to the belief that the new procedures encouraged couples to resort to divorce rather than address the issues within the relationship.

Child custody had been something traditionally awarded to mothers from the onset of the 20th century. Though, as many father's roles in the family setting began to evolve, laws too began changing to allow male custody, leading to the creation of joint custody. In joint custody, both parents are afforded the opportunity to take care of the child. However, court decisions have never been known for the ability to always make both parties happy with every decision.

Thus, the Uniform Child Custody Jurisdiction Act was created in order to restrict parents from moving to a different state to obtain a more favorable verdict. In addition, Congress also passed the 1980 Parental Kidnapping Act to aid in preventing parental child abduction. The federal government now deals with all parental kidnapping cases, and allows for the added protection of custodial right beyond the nation borders.

Family law is an increasingly important area of study for many lawyers, expanding to encompass even couples who choose not to marry. With an increase in divorces being recorded each year, the demand for quality attorneys in this field is higher than ever.

How Family Law and Divorce Attorneys Can Help

Family law is the divide before disaster. It is important to set a plan in place before a divorce or adoption so there is a clear parameter of the expectations of everyone involved. These events are often uncertain and uncomfortable it is useful to have a second party who can argue in your favor and who is also well versed in the surrounding laws. Family law encompasses marriage, divorce, child custody and support, child advocacy, and estates.

Marriage is a positive aspect of family law. Assets are discussed in the prenuptial agreement before a marriage to ensure peace of mind from both spouses. It can actually lead to feeling more at ease with knowledge of being treated fairly even if it went sour. If assets have to be brought out in divorce court it is called a postnuptial agreement. Divorce is the legal end of a marriage. It is never a 'good time' with raw emotions and never peaceful. To avoid bringing all of the complications to the forefront of the trial, it is usually beneficial to hire a lawyer to sort through the trenches as a second party.

Child custody and child support are important for protecting and providing for children involved in divorce or abuse. Child custody can be a very passionate battle for both parties. The court must argue for the rights of the child therefore whichever party the court decides will be the principal guardian. Child custody is not legally acknowledged in a prenuptial or postnuptial agreement but it may be considered. It is important for everyone involved for the right outcome to be the verdict having the right representation can be hugely beneficial in receiving the right outcome. With the amount of raw emotions flying around having someone to represent the case helps remove the conflict.

When parents are both suitable but cannot make a fair decision for custody the court demands for behavioral evaluations of each child. Both parents are asked to sit in a controlled setting and interact with their children repeating the scenario with multiple psychiatrists who report back to the court who they view to be most fit to be the custody holder. In cases of adoption it is equally as important for the child to go to a loving providing home and law protects the rights of the child. The court system of family court pertaining to children will always be in favor of the child's best interests.

Estates are also dealt with through family court. It disperses the assets between couples. Estates, marriage, divorce, child custody and support and child advocacy are all aspects of family court. Find representation and prepare before hand for everything life may throw out. There is no beating someone who is prepared. Protect the family.

When Will You Need Services of a Family Law Firm?

We do not consult a family lawyer until we find ourselves trapped in problems which cannot be solved. It is better to have a trustworthy family lawyer so that when you come across such problems you don't have to start worrying about finding the right law firm.

Family lawyers can help in so many different situations which can make your life simple; some of them are as listed below:


If you and your partner have already put in a lot of efforts to make your marriage work, and still you think the only way out is a divorce then you will need to contact your family lawyer. Marriage is a tough decision and then deciding to get a divorce is even more difficult, so it is better to take the help of best divorce lawyers who can help you go through the divorce process smoothly which can be emotionally exhausting otherwise.

Child custody

A family lawyer can help you if your spouse does not allow you to meet your children or is not considering your opinions regarding their education and other critical decisions. You need to make sure you do what is necessary in the best interest of your children and this is only possible when you know your legal rights.


It is for your advantage that you take the help of a law firm to know what your legal rights are or where you stand legally when you decide to move in with your partner. So that you know what to do when things don't turn out the way you expected them to be.

Prenuptial agreements

You can take help of a family law firm to have a prenuptial agreement before you get married. A prenuptial agreement contains details on how the financial and other matters will be settled in case your marriage ends in divorce. This is a smart thing to do so that you are not at loss and you do not have to worry about how things will turn out if your marriage breaks.

Other family matters

A family lawyer can help you get your rights of inheritance when a person on whom you depended financially has died, they can help you with adoption process if you and your partner decide to adopt a child, and the family law firm can get the restriction orders or protection from abuse orders before getting divorced if your spouse abuses you mentally or physically. Apart from all the above listed situations family lawyers can help in all family related legal matters including property and business issues.


Family law firms are not only needed when things go wrong or when you see yourself trapped in endless problems, though many seek their services when they find themselves in such situations. In fact a family law firm can help you avoid major problems and keep your family matters sorted so that when unforeseen problems like divorce take place they can be solved easily.

3 Tips For Finding A Great Women's Family Law Attorney

Divorce cases are extremely stressful and emotionally draining. Without the proper representation women can quickly find themselves in a nightmarish situation. A majority of this stress can be alleviated by choosing the right women's family law attorney. Due to the nature of divorce cases a bad choice can leave a woman feeling intimidated with an unfair financial burden not to mention cost her additional money when she seeks new representation because her previous choice let her down. To help wives and mothers avoid this tough situation I have put together some helpful tips for finding a great women's family law attorney.

1. Do not just surf the web or comb a phone book for a divorce lawyer. As a women's family law attorney myself the biggest mistake I see ladies make is blindly selecting an attorney just because they say they are experienced. Do some research and determine what it is they are experienced in, and what their track record is with cases similar to yours. Men and Women's perspectives and rights vary greatly in this difficult cases, for that matter you as a wife or mother you should work with a women's family law attorney who is knowledgeable of women's rights!

2. Speak with several lawyers before making a final decision. Most attorneys offer free initial consultations so take the opportunity to ask them questions and explain your goals to see who you feel the most comfortable with. If you are seeking a credible women's family law attorney you should ask them about their experience and most importantly success with women in family law cases. This can make or break your legal proceedings.

3. Understand which payment method each attorney prefers and how they structure their fees. A lawyer will typically charge in one of two ways. A flat fee which you pay an attorney by the hour or they may charge a retainer and deduct their legal fees from as the dedicate time to your case. These fees can vary greatly depending on the attorney. Therefore when selecting your women's family law attorney make sure you can afford their fees and payment structure.

Family Law Attorney - Legalizing Family Issues

Family life is definitely the first priority, but it might get difficult to cope with situations at times. For all the decisive phases in life, one might need to get help from a family law attorney. Milwaukee WI has a strong law system which ensures a fair decision in case of a dispute in the family.

A dispute that demands legal attention should be handled with professional care. Our personal lives consist of issues like marriage, domestic partnerships, adoption, surrogacy, legitimacy, divorce, spousal abuse and child custody. Such issues need to be under legal records.

Family law system is just as diverse as a family can be. The family law system of Milwaukee WI offers attorneys for a variety of family issues, like

1. Marriages - Marriage is quite a big issue and has many types of legal occurrences, depending upon the situations. The most basic legal requirement for the establishment of a marital bond is that a person needs to be of 18 years or above. Parents' consent is mandatory. A divorcee can marry only after 6 months of his/her divorce under a family law attorney. Milwaukee WI law system does not consider two individuals married unless they have a legal marriage certificate and an official ceremony.

2. Divorces - This is a common family issue these days and can be quite difficult to handle. Along with the emotional turmoil, it also brings along the ruefulness of deciding on the custody of the wards, if any. Divorces bring along the partition of lifestyles and also legal properties. These can be tactfully handled by a professional family law attorney. Milwaukee WI has the provisions of undergoing divorces in two ways - traditional and collaborative. While the traditional way means the regular courtroom affair, the collaborative way involves a harmonious way to solve such harsh matters.

3. Child custody - This issue crops up when you decide to part ways with your spouse. Matters get difficult when you have a child. Getting hold of the child custody can be cumbersome if your partner earns more than you. Wisconsin law system gives priority to the interest of the child. This in turn depends on many factors such as the age, gender, health, education and the current living pattern of the child, the parents' lifestyle, and the way the child reacts to the change in the status quo of his/her parents.

Family lawsuits usually deal with these types of cases. As they require expert assistance; it is always advisable to consult a professional attorney for your case. Always remember, your case is unique and it will have its own complications that can only be handled by a proper family law attorney. Milwaukee WI citizens can approach the Fjfattorneys.com for their difficult family-related cases.

Different Types Of Family Law

There are many different types of family law. These different types of law are used to resolve various issues that are related to families. Usually it's practiced by divorce attorneys. These are lawyers who are specifically trained and knowledgeable about different aspects of the laws regarding legal relationships. In general, there are two specific fields of family law. There are laws that have to do with marital issues, including divorces and there are some that deal with alternative situations, including custody issues. Here is a short rundown of the different types.

Marriage Related Issues

Marriage is a large part of creating a family and the dissolution and creation of marriages makes up a large part of this category of law. Creating or ending a marriage requires a lot of paperwork, as two people will be combining their financial assets as well as their lives. Marriages can become even more complicated if the couple has children as a result of the marriage. An attorney is one who specializes in resolving marital differences, when mediation and other efforts have failed to produce results. An attorney will often deal with a wide variety of issues, including but not limited to divorces, annulments, child custody cases, separations, spousal support agreements, prenuptial and postnuptial agreements, changes in names and child support issues.

Situation Laws

There are other types of family laws besides issues related to the creation or dissolution of marriages. These issues typically deal with children and dependents. A lawyer may specialize in both of these types of law, or they may center their practice specifically on one or the other. Situation law issues may include things like dependency requirements, adoptions, restraining orders, visitation orders, guardianships, conservatorship issues, emancipations and juvenile issues, including cases of juvenile delinquencies.

Family Law Attorneys

Dealing with these issues can be a very trying experience for everyone involved, regardless of whether the subjects are dealing with a divorce, separation, child custody battle or emancipation issue. This practice area is often filled with emotions, anger, fear and worry. The court system is not designed to help much, so the services of a good attorney can make all of the difference. A good attorney can mean the difference between a positive resolution of the issue and more problems. Resolving these issues quickly and as stress free as possible is the best option for everyone involved. These specialized attorneys can help everyone involved get the closure they need to move on with their lives.

Finding a Good Lawyer

There are several ways to go about finding a good attorney. Personal referrals from trusted sources are the best way to locate a good lawyer. Other places to look for this kind of attorney include lawyer directories, business referrals, lawyer referral services and TV and print advertisements. Because their job will play an important role in the outcome of your issue, it is a good idea to perform some research on a potential family law attorney before you choose one.

Types And Importance Of Family Law

There are so many areas that the study of law covers and one good example is family law. This law mainly deals with issues that affect the family as a whole. Such areas include but are not limited to alimony, divorce and adoption.

Lawyers who specialize in this are of law offer their clients much more than just the legal help but also support be it emotional or moral. Families who are experiencing a conflict and hire the services of a lawyer will receive assistance sorting out the disagreement which can be very long and very difficult. That is why you should ensure that you hire a professional lawyer to help you sort out the case.

There are different types of cases that fall under this category but the major ones are divorce and custody of children. All divorce cased are handled and finalized in a court of law. A few years ago, the process of going through a divorce was very long and could take even years. Today however, the process has been made easier for the couples that are willing to reach a mutual agreement.

When you compare cases such as divorce and custody, adoption takes a slightly lower percentage of cases filed. Adoption will deal with the rights of the child to be adopted, the rights of the real parents as well as those of the adopting parents. The interested parties are supposed to negotiate before a judge and reach an agreement that will be acceptable to all parties. The rights and best interest of the child in this case will be the ones that will have the first priority.

The family attorneys also help people who are interested in ensuring that their wealth will go their children in the event that they die. The lawyer will draw up a will that will be read and be a sign that they accept all the contents of the will. Once the person dies, the will is a legal document that will be produced by a lawyer to fulfill the wishes of the deceased. Wills are very important as they help reduce the chances of people fighting over properties and other materials.

Law, even that which deals with family, is a very broad subject and there are different lawyers that specialize in the different categories of the law. Depending on the type of legal need that one has, it is important to choose a legal expert who has specialized in the particular field of interest that one is interested in. The lawyer that will be chosen should be a person of integrity and will be able to handle all matters that need confidentiality. He or she should also be the type of person who is understanding at all times and is able to provide the best advice.

Law covers many issues that a normal family faces during their day to day living. Most of the issues can be handled outside the court, while more serious cases can be handled in a court room. A family will need to choose a lawyer who will have their best interest at heart and provide them with the best advice.

What Can Family Law Attorneys Do for You?

Getting through a divorce is not an easy experience for anyone, but if you want to make sure you get what you deserve, the best decision you can make is resorting to the help of family law attorneys. From the legal point of view, there are plenty of aspects that need to be taken into account and hiring professionals to assist you is the only way to ensure you do not miss anything.

What is a family lawyer?

A family lawyer is a legal representative of one of the parties involved in a divorce, or even of both parties, depending on the situation. Family law attorneys are highly trained professionals who have studied similar cases for years. They understand that a divorce requires a great amount of time and effort and are willing to do their best to get you through this difficult stage in your life.

Why hire such a professional?

There are various reasons for seeking professional help when faced with a divorce. Here are some of them:

1. You will save time - A divorce involves too much paper work for one to handle, especially when put under the pressure of such an emotional moment. So if you do not want to worry about the legal formalities that need to be executed before everything can come to an end this is the best thing to do.

2. Less effort from your side - After getting in touch with family law attorneys, everything will be handled for you. All you need to do is provide some information about your case and not worry about anything else. All further instructions and details about what will come next will be provided to you regularly until the end of the process.

3. You will actually save money - Surprisingly, choosing to handle a divorce process on your own could actually cost you more than hiring someone with experience in this field. Most people end up spending money for obtaining papers that are unnecessary, so why not choose to have everything provided to you for an affordable price? Saving money when facing a divorce has never been easier than today.

With all this in mind, it is important to take your time and study all the advantages and drawbacks before taking a final decision. Depending on your personal situation, you may also wish to talk to your husband or wife and decide on a quick and efficient solution that could take the burden from you. If you cannot come to an understanding, then you must ensure the professionals you hire are able to provide services of the highest quality.

Before Hiring an Attorney for Your Family Law Case, Ask a Few Key Questions

Choosing an attorney to represent you may be one of the most important decisions you'll ever make. The more selective you are in choosing the best family law attorney for you, the more confidence you'll have -- in the representation and in the legal proceedings. Ultimately, you want favorable results for yourself and your children. Of course, you want to ask how much you'll be charged for lawyer services, how much for paralegal services, how and when you will be billed, and how much of a retainer fee is required. But don't make your decision based on fees alone. Here are a few questions you should also ask before you consider hiring a particular lawyer.

Key Question #1: Has the lawyer been sanctioned for an ethics violation?
Attorneys are held to high ethical standards regarding how they practice law and the customer service they provide to clients. Each state's bar association regulates its members and, when necessary, disciplines attorneys with sanctions to punish for acts of professional misconduct. Arizona's attorneys must be members in good standing with the State Bar of Arizona in order to practice law within the state.

A grievance filed against an attorney can lead to reprimand, probation, suspension, restitution, and revocation of the attorney's license to practice law within the state. A relatively minor infraction may be the attorney's failure to pay bar member dues timely, leading to an automatic suspension and an easy remedy. When an attorney's conduct is egregious, as with a felony conviction, then automatic interim suspension followed by sanctions like disbarment may result. You need assurance that the character and competency of your attorney justifies your decision to hire.

Poor legal judgment causes problems for clients.
When hiring an attorney for your divorce, child custody, or parenting time matter, determine whether the lawyer has been disciplined, so ask:

-- Was the attorney disciplined for mishandling a legal matter because of inexperience in the law?
-- Did the attorney fail to adequately prepare the case?
-- Did the attorney fail to get assistance from a more experienced attorney when they should have?
-- Did the attorney fail to take reasonable steps to protect a client's interests both during and after the representation?
-- Did the attorney fail to put forth reasonable efforts to expedite the litigation, delaying a case unnecessarily?
-- Did the attorney mishandle client funds?
-- Did the attorney neglect an entrusted legal matter?
-- Was the attorney advanced a legal fee, but failed to refund the unearned portion?
The exercise of poor legal judgment by an attorney can result in significant problems for a client.

Key Question #2: Is the lawyer's practice focused on family law?
The one constant in the law is change, sometimes in an obvious way and sometimes in a hundred subtle ways. The courts continue to interpret laws differently, and our legislatures continue to pass new laws and change existing ones. Rules of civil procedure, evidence, and local court rules vary from one judge to the next. When the attorney's legal practice is focused on family law, then that attorney is in sync with emerging trends in the field. Case management is very difficult to streamline when the attorney is not completely tuned in to the controlling laws. The experienced lawyer focused exclusively on family law, who has tried many divorce cases, has worked with complex asset divisions, has handled contested custody matters, and has been successful. That attorney will guide you through your case fluidly, efficiently, and knowledgeably. A focused practice is a focused lawyer.

Choose a family law practitioner.
You want to know whether the attorney you're looking to retain has a genuine focus on family law, and is not merely dabbling in divorces as circumstances allow. These are the types of questions you should ask before hiring:
-- Do you practice family law exclusively?
-- What percentage of your law practice is devoted to family law?
-- What access do you have to specialists and experts within your firm and outside your firm?
-- How many years have you been practicing family law?
-- Have you been litigating divorce trials for five years or more?
-- Have you handled complex asset and property divisions in divorce?
-- Are you well-versed in child custody matters?
-- Are you recognized by the public and by your peers for your abilities and experience as a practitioner of family law?

If after your questions are answered, it is apparent that the attorney is not sufficiently experienced in family law, or lacks a genuine focus in family law practice, then keep your options open and continue interviewing other potential attorneys.

Key Question #3: Will this attorney be handling your case, beginning to end?
At some law firms, the attorney you meet in your initial consultation is not the attorney who will be representing you. Allowing your case to be assigned to whoever has a light schedule at the firm this week is not being very selective. You are not a commodity and neither are attorneys. Make sure to ask if the attorney you're interviewing will actually be the attorney handling your case. Will some other lawyer at the firm be assigned to your case after you've paid your retainer fee?

The attorney you first meet may be the firm's presenter, skilled at promoting the law firm and bringing in new clients. But the firm's presenter may or may not be the lawyer who will be assigned to your case. If you're interviewing one attorney, but will be working with another, then the prudent course of action is to interview the family law attorney who will actually handle your case. At the interview, ask the question: "Will you be the attorney handling my case?" If that answer is a negative, then ask "Who will be?" and interview that lawyer before you make a hiring decision.

Meet your new lawyer, in the middle of your case.

When you work with your lawyer, you necessarily develop a rapport. You've talked about your case face-to-face. You've talked on the phone. You've received written correspondence. You've given detailed descriptions and provided supporting documents. You've emailed a hundred times. In all of those exchanges, your lawyer has watched your mannerisms, noted your frustrations, and observed subtleties in your gestures, voice, and tone. Your lawyer gets to know you, and understands the full context of your words.

There is probably nothing more frustrating than working with a family law attorney, developing a solid relationship of trust with good communication, and then have your case reassigned to a different attorney at the law firm. When reassigned to a junior lawyer, you may reasonably question the importance of your case to the law firm. You may feel that your divorce or child custody matter is not valuable enough to merit keeping a more experienced attorney on the case. Such concerns can only undermine your trust in the lawyer and the firm.

Choose your attorney carefully and, before you hire, take a good look at the attorney's legal team.

You've taken the time to interview the family law attorney in person. You think hiring that attorney is in your best interests and will carry you from the beginning of your case to a favorable resolution. One last thing, though. Before you decide to hire, take a look at the qualifications of the entire legal team at the law firm, from partners, to associates, to paralegals. A favorable outcome in your case may depend upon it.

Finding the Right Advocate For Divorce, Child Custody, and Other Family Law Issues

It goes without saying that family is the most important aspect of our lives. When all goes well, our spouses, our children, our parents, and our siblings fill the air with love, which we breathe deeply to replenish our spirits. Just as we breathe without conscious thought, our lives fall into a comfortable routine that makes us unaware of the integral role that a loving, supportive family plays in our lives. All too often, the dawning realization that our self-concept is firmly tied to our family comes only when the bubble bursts. When, for whatever cause, we're faced with divorce, child custody battles, and in the worst instances, domestic violence or child abuse.

When family matters move from unhappiness at home to a court of law, it's important to have an advocate at your side, a family law attorney who will do whatever it takes to help you create a future where you feel whole and safe. Selecting the right attorney can make what is inevitably a difficult and heart-wrenching time a bit more bearable. While your attention is understandably devoted to getting through each day and keeping your children's world intact, he can devote his attention to ensuring that you come out of the process with both feet on the ground.

What should you look for in a family law attorney? First, select someone who has a family of his own. An attorney who is married and who has children will understand the high stakes and is more likely to work tirelessly on your behalf.

Second, ensure that the lawyer is flexible. Like snowflakes, no two divorces or child custody issues are the same. Some uncontested divorces, for example, are quite amicable, with child support willingly paid and visitation quickly arranged. Other breakups are much more complicated, and may involve everything from a refusal to pay spousal support to the inability to agree on grandparent visitation to disagreements on property division.

You need to have an advocate who will see your circumstances as unique, and who will work with you to achieve your goals. He should be experienced in negotiation and mediation, but he should also be able to demonstrate that he can successfully represent you in a courtroom, should your case go to trial or even to appeals. Third, if your divorce is related in any way to criminal law, such as in the case of domestic violence or child abuse, the attorney you select should be knowledgeable about that as well.

Finally, you should select a family law attorney with whom you feel comfortable. It's extremely difficult to share searing emotional pain, and it's often hard to articulate your vision of the future. The right lawyer will make it easier for you to open up, and will help guide you through the process of defining your immediate needs - say, for alimony - and your future needs, such as the possibility that a future marriage may potentially lead to adoption issues.

When you choose the attorney that's right for you, he can help make an extraordinarily painful time in your life much easier to bear.

Should Family Law Be Changed to Accommodate Changing Marriage Trends?

According to recent figures published by the Office for National Statistics, marriage rates in England and Wales are at their lowest since records began. Different people have their own opinion about what lies behind this trend, but blaming the recession by claiming it must simply be because people cannot afford to marry at the moment is wrong. In fact, this trend is nothing new; marriage has been in steady decline since 1980. More likely explanations for this drop in what was once an institution are our increasingly liberal society and its removal of the stigma associated with unmarried cohabitation and parenting and an increase in education and careers, especially amongst women, causing us to wait longer until we marry.

However, like any family law solicitor will tell you, there are definite advantages to being married rather than living together. Such advantages are mainly concerned with money: tax, inheritance and the like, so they're quite important. There are huge numbers of UK couples who live together but who aren't married; in fact such couples make up one sixth of all couples in the country. Unfortunately though, not all of them realise they are missing out on the rights that married couples enjoy: half of them mistakenly believe that they have rights as 'common law spouses.' Things are only going to get worse, and more unfair: it's estimated that by 2030, a quarter of UK couples will be unmarried cohabitants.

The Conservative party is very publicly plugging its idea for introducing tax breaks for married couples in order to encourage marriage, whilst the left-wing attack this idea as 'social engineering:' and interference with a burgeoning social trend away from marriage. Other politicians simply call for the increase of protection for all vulnerable families, married or not. One thing's for certain though, in just two decades the British family and its dynamic have changed beyond recognition, in which time very little family law has been updated. So it seems there's a pretty good argument for altering family law to reflect the decline in marriage.

Who Else Wants To Know the Basics Of Family Law?

To those unsure of what family law is, what it covers, what it provides and what it necessarily includes by definition, it is that branch or specialty of law that deals with family related issues and domestic controversies like marriage, divorce, domestic partnership, property arrangements, civil unions, adoption, child care, support and custody, marital rights and prerogatives and all other incidental issue that may originate from the family as a whole.

The practice of family law is conducted inside family courts established by state and federal laws. In family law, a lawyer becomes more than just a professional that provides legal assistance, he assumes the position of a marital or family counselor who identifies the issues that needs discussion and resolution and advises what immediate recourse is needed to lessen the impact of the controversies to the family as a whole.

A family lawyer is tasked to assess the legal extent of every right, eliminate overlaps in the functions of family members and advice against unnecessary litigation where reconciliation is possible.

Family law generally covers issues on divorce litigation, from property arrangements to getting to the very root of who caused the marriage to split apart. It greatly covers child care and support; in full length it protects the rights of the child and their adoption, also, legitimation or paternity determination.

Among spousal conflicts, it defines the support needed to be sustained, the rights to be observed, the obligations to be fulfilled and the courtesy to be extended.

As to property issues that may arise from other marital or family conflict, it covers extensively the division of assets and liabilities, the protection and delivery of legitimate to successors or rightful legatees and devises.

It is also the avenue to bring cases for neglect and abuse both for maternal or paternal authority, where the possibility of termination of parental rights may be adjudged against the neglectful or abusive parent or spouse.

All other issues that are not clearly identified to be under family law, but directly affect or is affected by family relations may be litigated.

What is family law really concerned about? In Family law can you see that the right of every member of the family are identified.

The marital obligations between husband and wives, the responsibilities that comes with domestic partnerships and other civil unions are embodied in principles of the law.

The rights protected between spouses and partners do not distinguish between gender, status, race or denomination. The rights of the children legitimate and illegitimate as well s the extent of the adopted rights are covered under this category of law.

Rights between and among family members either by descendant to ascendant or vice versa, between collateral bloodlines are fully discussed and given priority and attention in this field of law.

Family law is a special field in the practice of law that requires knowledge and expertise in law and psychological tendency to build a profile for each family member without compromising the need of one after the other unless between opposing parties.

Family Law Courts

Family law courts take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies, and many such cases related to family.

Family law courts also deal with regular cases relating to criminal laws, property related laws, probation law, trusts, and so on. However, the majority of the cases that come to family law courts are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases. Family law courts are specialized in all the legalities involved in such cases.

As you can imagine, family law courts are some of the most crowded courts in America. They deal with social and economic issues so universal that the courts can hardly bear the brunt of the demand. As a result, family courts are notoriously underfunded. Economically disadvantaged people often get left by the wayside when trying to gain monetary compensation for just cause.

Family law courts are the subject of much criticism as well for prejudice. Many think one gender or the other is favored in family courts. This may or may not be the case, but it might be impossible to study, since the numbers are so great. Until then, the family courts are a necessary aspect to a society in which people can treat each other unfairly sometimes.

Collaborative Family Law - An Amicable Way For Couples To Separate

Most separating couples will want their solicitors to try to negotiate an acceptable settlement on their behalf, and if that does not work one of them may take it to court for a judge to decide. An experienced Family Law Solicitor should be able to negotiate in a way that minimises conflict as much as possible. However, no matter how hard everyone may try, in many cases couples inevitably become polarised into two opposing sides, which makes it much more difficult to negotiate a settlement, which is truly beneficial for everyone, concerned. For many years people have tried to avoid the stress and conflict of court cases by going to mediation, a process in which both parties appear before an impartial mediator who helps them to find their own solution. People can find this an extremely challenging process, and quite frequently the parties express concern that the mediator is biased, even when this is not the case.

A new way of resolving conflicts has now been developed, and this is to use what is known as a Collaborative Family Law Process. It is particularly helpful where there are children involved and parties wish to minimise any upset to them or other loved ones. The process is about allowing a separating couple to reach their own agreement with appropriate support from professionals.

Collaborative Family Law is a process where there is no mediator and each party has their own Solicitor, but both clients and Solicitors agree to work together to find the best settlement for everyone. In a conventional court case, or even in a mediation, it is very easy to get entrenched and to stoke up feelings of mutual hostility. In Collaborative Family Law everybody works together in an atmosphere of mutual respect and willingness to focus on the best way forward, rather than on individual interests. Parties still have the one to one interaction with their own Solicitor who is able to advise and protect them, but there is a greater focus on finding out what is really important and devising a solution to meet the wider needs of both parties. It can also be a good way to protect children from the harm associated with court proceedings.

The process can involve giving up small things in order to reach a better overall solution. It can be challenging, and is not necessarily easier or cheaper than conventional representation. However, it has been shown to be an effective and satisfying way to resolve things. Collaborative Family Law means that the clients are intrinsically involved in finding the solution to any difficulties and can be a bit more immediate than conventional representation.

It is a fundamental requirement that the parties agree that they will not go to court or even threaten to do so. If the process breaks down and court is the only way forward, both Solicitors are barred from any further involvement in the case, and the parties must have new Solicitors.

Collaborative Family Law can be used to negotiate childcare arrangements, to negotiate financial settlements or deal with any part of Family Law in which the parties and Solicitors are willing to act. At the heart of it is the wish to work together to meet the needs of both parties. However, it is not going to suit every case, and any Solicitor taking on a case must carefully consider whether the case is suitable. The parties both have to be willing and able to participate on a reasonably even footing.

It involves special skills in guiding negotiations and managing conflicts which are additional to the skills used in a conventional court case. For that reason the solicitors must undertake special training, and only solicitors who have done so can participate.

The Collaborative movement is now international and cuts across several professions. It is possible to involve other Collaborative practitioners or experts. For example, the parties could involve accountants, financial advisors, counsellors, architects, or surveyors if they have had the training and the parties agree that it would be helpful. It is all about setting up an environment where communication becomes easier and participants can use a problem-solving approach to identify and address the interests and concerns of everyone involved. It cannot sort all difficulties, but it can set up an environment where it is easier for a separating couple to find their own solutions in a supportive and respectful environment.

The way it actually works is for the Solicitor and the client to first discuss what the Collaborative Process is all about. If it seems suitable, the Solicitor will contact the other Solicitor instructed and if both are trained in collaborative practice they arrange an agenda for a first four way meeting. At that meeting everyone involved is present, and the solicitors make sure that everyone understands the rules. A contract is then signed binding everyone to use the Collaborative Process. After that the parties can decide what the next steps will be, and there may be further meetings between the client and their own Solicitor, or meetings between the two Solicitors, or further four way meetings where everyone is present. The important thing is that there are no substantial discussions on the merits of anybody\'s case or negotiations conducted by the Solicitors in the two way meetings - all that is done in the collaborative four way meetings. Mutual trust and respect and a commitment to be open and honest is therefore at the heart of the process.

If the process breaks down for some reason then all the discussions that have taken place as part of the Collaborative Process will be treated as confidential and cannot be referred to in any court process, or indeed in any other negotiations. This is a fundamental principle. However, most cases are successful as the parties wish to resolve things, and usually find a way. The solicitors then prepare a binding Separation Agreement to reflect what has been agreed, which all parties sign. If a formal divorce or dissolution is needed from the court, the parties can then proceed with a simple uncontested action, which is a cheap and purely formal procedure.