How Family Law Helps People Everywhere
Family law can be both demanding and emotionally draining, yet is also an indispensable aspect of law that affects daily lives.
Family lawyers can be invaluable assets when it comes to legal matters that affect marriage, divorce, children and domestic violence – here’s how.
Divorce
Divorce can be an emotionally taxing legal process that impacts all members of a family, but an experienced family law attorney can help ease stress levels while protecting your rights and providing alternative dispute resolution methods such as mediation.
Custody determinations can be both complex and emotionally charged. To the greatest extent possible, parents should work together to develop a parenting plan that best meets their child’s needs; if that’s not feasible, courts will take various factors into consideration when determining visitation and custody arrangements – these could include parental history, domestic violence exposure levels, financial stability or any other significant considerations.
Family lawyers can also assist with filing protective or restraining orders against others when abuse or other serious incidents arise, assist with estate planning (creating wills and distributing property after death), assist with immigration/citizenship matters and finding you the ideal attorney to meet your specific needs.
Child custody
Family Law encompasses the body of legal disciplines that regulates familial relationships, such as marriage, divorce, custody and support arrangements for children and other matters that could threaten family well-being. Domestic Violence issues also fall within its purview.
Divorces require court decisions regarding how each spouse spends time with their children (custody and visitation), as well as financial matters like alimony. A family law attorney can help their clients navigate these complex proceedings more smoothly.
If parents cannot reach an agreement on their own, the case will go to trial. Here, each side can present evidence and call witnesses before being decided by a judge. A family lawyer can help their clients prepare for trial as well as advocate on their behalf during this process.
Restraining orders
If you or your family members are at risk from harm from current or former spouses or family members, an order of protection can be filed to keep them away. An order may limit contact via email, phone, fax or snail mail as well as restrict entry into your home; any violation can lead to arrest and/or prosecution.
Filing a petition and providing proof of harm are two methods of obtaining a restraining order in Family Court. Witness testimony plays an integral role in convincing judges of your precarious situation.
Restraining orders may be either full or limited in scope and prohibit a certain person from being within a specified distance from you, your children (if applicable), schools and work. They can also require them to stop any violent or threatening behavior, end contact and vacate shared homes.
Estate planning
An estate plan allows you to clearly specify what will happen with your assets and property after your death, and it is an integral tool in making sure that those you care for receive what is owed them as well as helping minimize taxes and protect family from litigation or disputes.
Documents such as health care directives and legal documents will remain effective should you become incapacitated, helping avoid costly probate proceedings after death as well as potential tax penalties.
An experienced family law and estate planning attorney can be invaluable when creating an estate plan. Your plan must accurately reflect any changes in your family circumstances such as divorce, remarriage or the birth of children. An attorney can also discuss ways to make your estate more tax efficient as well as help prevent miscommunication among family members that could result in disputes regarding inheritances.