Also known as matrimonial law, the family is law is an area within the law that focuses on domestic relations and family matters. Different factors fall under family law. They include domestic partnerships, civil unions, and marriage, among others. Marriage is described as entry into a legally binding domestic and spousal relationships. Family law entails guidelines on the termination of legally binding ancillary matters and family relationships. This includes property settlement, divorce, annulment, child custody and visitation, alimony, child support, among others. Below are other essential details that family law clarifies.
- Adoption: These are the proceedings needed to adopt a child or an adult.
- Surrogacy: Family law has clear directives on the role of a surrogate mother. It also protects the rights of the mother.
- Child protective proceedings: This refers to court proceedings that might arise when the state or federal government intervenes in case of child neglect or abuse.
- Juvenile law: This is the law that focuses on minors including delinquency, status offences, juvenile adjudication and emancipation.
- Paternity: There are certain proceedings needed to establish and relinquish paternity. The administration of paternity testing is also under this law. In family law, issues might arise where an individual wants to know if a clause applies to custody or marriage relationship.
Whether child custody or divorce is recognized under the guidelines of another jurisdiction is indicated in family law. Child custody has different rules, with states applying various jurisdictions. Parental kidnapping is when a parent takes control of a child without informing the other parent. This is against the law and leads to legal action.
Role of a Divorce Lawyer in Family Law
These days, divorce has become very common. Divorce is not as simple as it looks like. Proper guidelines and rules must be followed to get a successful divorce. Failure to do so, you can end up ruining everything. A divorce lawyer is an expert in handling legal separation. They are tasked with representing their client and ensure that they get the best deal out of the divorce. When undertaking a divorce, you need to get an efficient divorce lawyer that will make the process smooth for you. They also ensure that your grievances are heard.
Who is a Divorce Lawyer?
There exist different types of lawyers. Divorce lawyers are trained and skilled in dealing with divorce proceedings. As much as the individuals involved in the divorce are after getting through the process, it might take up to twelve months to finalize it. Divorce is a lengthy procedure that involves a wide range of things. The divorce lawyer is tasked with taking care of their client’s affairs and ensuring that they get the best deal possible.
Given the busy nature of people nowadays, there is no time to go to court daily to process the divorce. Instead, they involve a divorce lawyer who takes care of things on their behalf. Discussed below are some of the duties and responsibilities of a divorce lawyer.
Duties and Responsibilities
A divorce lawyer has to execute some duties to ensure they get the best deal for their client. They take responsibility for some issues like alimony and child custody to make things easier for their client. Essentially, a divorce lawyer spends most of the time gathering for information related to the case. This can be the client’s medical bills, tax returns, real estate bills, among others. This can be used as evidence or to make the divorce process easier for their client. In case a settlement is offered, the divorce lawyer advises his client on the way forward. Here are the duties and responsibilities of a divorce lawyer.
- Pre divorce counselling: A divorce lawyer must follow this procedure. It is very important in making the divorce path comfortable for the affected person. The lawyer discusses with his client on essential matters like child custody, child support, and bank accounts, among others. This ensures that the client feels comfortable before the court. The personal relationship with a client is also important. The lawyer should treat the client as a close friend and talk openly about the divorce information. Furthermore, the lawyer should be sensible enough to understand the emotional state of the client. A divorce is usually a rough and heartbreaking period, and it might weight down on the client. A divorce lawyer should be keen and patient enough to handle these emotions calmly.
- Settlement of the case: If a divorce lawyer establishes that the divorce is affecting his client significantly and things are not going in the right direction, he should seek the other spouse’s audience and make the case easy. He should discuss the crucial details with the other spouse so that an out-of-court agreement can be reached. This saves his client from the pressure and uncertainty that comes with court proceedings.
- Flexibility: A divorce lawyer needs to be flexible. This enables them to deal with all the matters easily. If the lawyer feels that things are not going well in the course of the hearings, he should be quick enough to produce evidence that will switch the case back to his client’s favour.
Qualities of a Good Divorce Lawyer
- Experience: As much as everyone starts somewhere, you don’t want to gamble your fate with an inexperienced divorce lawyer. It is important that you go for a study, sharp and diligent lawyer. It gives you confidence knowing that you have an experienced lawyer with an expansive knowledge of your case’s distinctive aspects.
- Good communication skills: In every divorce proceedings, there is constant communication between the divorce lawyer and his client. Having an attorney that will frankly discuss issues with you, ask what you prefer, hear out your suggestions and communicate them clearly to the other party.
- Research and analytical skills: It can be very challenging and complicated to prepare a legal strategy. Every part of a divorce case involves large volumes of records and facts. A divorce lawyer may have to research, absorb, and interpret all the found material.