Top Five Reasons Why You Need to Hire a Family Law Attorney Now

It can be difficult to understand the reasons why people end their marriages, and with a divorce rate in the U.S. of around 50%, it’s impossible to pretend every wedding ends with “happily ever after.” If you or your spouse has already initiated separation proceedings, here are five reasons why you need to hire a family law attorney now.

1. You Need an Objective Party

Personal relationships usually involve a plethora of subjective emotions and intimate details that are of the utmost importance to you and your spouse. If your union is troubled and coming to an end, you need someone who is an outsider in your divorce proceedings and can act as an objective party throughout the process. It is almost guaranteed that you will face complicated issues and emotions; lawyers are specifically trained to handle such cases in a fair and objective manner. This allows you to take a step back and avoid hasty decisions based on fleeting emotions. For instance, you might think it would be easiest to go for the quickest resolution when it comes to dividing property, but an experienced family law attorney can evaluate the circumstances and tell you if you should wait for a more equitable division.

2. You Need Help with Paperwork and Red Tape

Court proceedings almost always involve substantial amounts of paperwork and red tape. A qualified family law attorney will handle the complexities of the paperwork and make sure you keep moving forward toward a resolution.

3. You Have Dependent Children

If you have dependent children, custody issues are often the most challenging part of any marital dissolution. The most important goal is for the parties to agree on the arrangement that best serves the interests of the children. When issues are particularly complex, and the spouses cannot reach a mutual agreement, it is imperative to hire a veteran family law attorney who has dealt with these types of situations.

4. You Are Hoping for an Early Settlement

A lawyer with substantial experience in family matters can help you reach the most favorable settlement agreement as quickly as possible, and as early in the process as possible.

5. You Need Advice on Legal Options

Even if you simply just need advice on your legal options, having a qualified family law attorney can make a huge impact on the outcome. The issues that must be resolved in a marital dissolution include child custody, child support, property division, and spousal support. Many times during the negotiation process, parties use these issues against each other in the hope of achieving a better outcome. If you have a seasoned advisor, from the beginning you will get the right advice on what course of action you should pursue and what steps should be taken to ensure your goals are met.

If a resolution cannot be agreed upon and a trial is required, the right lawyer can aggressively represent your interests in court and work toward getting the most equitable jury verdict on your behalf.

Domestic Violence and Divorce – The Epidemic Facing Battered Mothers in Family Court

Battered mothers in divorce court often look like “swine flu” survivors that haven’t realized they are part of an epidemic. These women are in awe over what is “happening” or has “happened” to them and their children.

They go into court expecting “justice” and walk out thinking they missed the boat or those on their ship merely kicked them off. And from here, they frantically reach out merely trying to stay afloat in the wake. They are perplexed as to why and how they end up with supervised visitation and no custodial rights.

The Reality of Family Court

Divorce court is not the place to go to get justice for domestic violence; rather it’s the place to go to get a divorce. You are there to seek assistance in splitting up the family estate and tend to the issues pertaining to child custody and visitation.

Now, some people will argue saying that their particular state has laws to protect victims of domestic abuse. Such laws may include statutes that assert a presumption regarding best interest of the children in the context of court-documented domestic violence.

However, even in these states, litigants are granted the right to litigate. And when one plays their hand cleverly, they can jockey custody via the use of the common and customary ploys involving legal domestic and legal psychiatric abuse.

Battered Mothers and the Swine Flu

I liken baffled battered mothers blindly hit by legal domestic and legal psychiatric abuse to uninformed swine flu survivors in the trenches of their flu symptoms. What they have in common is that both of these groups may be living a nightmare and not even realize the epidemic proportions of their condition.

If battered mothers knew of the trends in family court before they stood on the threshold of their proceedings or at a minimum while navigating the system, they could better protect themselves from becoming another statistic…just like those inflicted with the swine flu may have prevented their ordeal with some knowledge of prevention and early care to avoid becoming another H1N1 statistic.

Conclusions for Domestic Violence Survivors in Family Court

You must know the larger picture of domestic violence divorce in addition to your individual vignettes and concerns. You see, this picture is much bigger than you and your children. Appreciate that in order for you to best navigate your proceedings, you will need to be informed about domestic violence divorce, legal domestic abuse and legal psychiatric abuse.

Streamlining the Mediation Preparation Through Family Law Attorneys

When dealing with disputes that involve family law, many people have the mistaken idea that you can engage a family law attorney if you’ll undergo mediation, and vice versa. It’s simply not true. The fact is, when resolving conflicts and protecting your interests in a family law dispute, mediation is just one tool out of many. Just as engaging an attorney to advise you doesn’t preclude you from entering into mediation in order to avoid court, entering into mediation doesn’t mean you shouldn’t hire an attorney to advise you.

In a wide variety of important ways, a family law attorney can assist you with preparing for mediation.

Discovery

With any legal proceeding or dispute, discovery is one of the most important aspects. The discovery process involves the collection and collation of information pertinent to the dispute, and the data collected can have a serious impact on the final result. A clear and up-to-date knowledge of every aspect of the issues you will be deciding is vital whenever one party enters into mediation with another party. A family law attorney will not only have the resources to gather this information, including subpoena powers if they are necessary, but also the experience to collate and present it to you, to the opposing part and to the mediator in a clear and easily understood manner.

Worksheet Completion

A divorce is a complex situation with a lot of moving parts’ that will have a significant impact on the lives of all involved. A family law attorney will have the necessary information on hand to complete a child support obligation worksheet (if necessary) or a marital estate worksheet. There are serious financial problems or even court-imposed penalties when errors on these worksheets are made. And unless you possess the experience and familiarity with them that an attorney brings, these worksheets can be difficult to complete.

Emotional Prep

Finally, a family law attorney has been through the process many times and can give the client a clear concept of the best-case and worst-case scenarios. The whole experience becomes less frightening and more effective when clients have a reasonable and objective idea of what the outcome of mediation could be. When this happens, clients come to terms with those possibilities more easily and enter into the mediation process with a calm, productive attitude.

Mediation is, not a separate realm, but an aspect of the legal process. Although it is not an absolute requirement, the advice of an attorney is always helpful. Therefore, any attempt at mediation is much more likely to succeed with the help of a skilled and experienced family law attorney.

Family Law Facilitator – Getting Help From Family Law Facilitators

This article provides information on what a family law facilitator (herein after referred to as “facilitator”) is and can and cannot do in terms of providing you assistance with your family legal situation. Each California Superior Court should have an attorney or facilitator office (sometimes called the family court clinic) that can provide free help with your family legal related matters. These attorneys work at the court facilitator’s office. Some facilitator office’s have both attorneys and paralegals on staff to provide non-legal assistance to consumers seeking help with their family legal issues.

What a Family Law Facilitator Can Do – The services provided at the California Superior Court by each facilitator office at can vary. In some counties the family law facilitator can show you how to fill out court forms, help you with your dissolution or divorce or child custody issues while others do not. Some counties limit the facilitator’s services to only child support issues, spousal support issues and protracted health insurance cases. In some counties a facilitator can meet with you individually and provide you information and options but cannot act as your attorney, represent you or provide you with legal advice.

What a Family Law Facilitator Office Cannot Do – A facilitator cannot be your attorney and represent you on your case. Also, a family law facilitator does not provide you with legal advice. You’ll need to hire your own attorney for legal advice about your situation and strategy for your case. As a result, there is no attorney-client relationship between you and the court facilitator. The facilitator is available to the public and can therefore typically help you and the other party. Notably, your communication with the facilitator may not be private or confidential. If that’s the case, if the facilitator office is subpoenaed to court there may not be an attorney-client privilege that would protect your conversation and make it confidential.

For local family law facilitator rules and information you would do well to consult your local California Superior Court facilitator office. For legal advice about your situation however, you’ll want to consult with an attorney in your area to find out where you stand legally on this matter, how the law applies to your situation and what your legal options are.

2010 Child Custody Coach™. All rights reserved.

Child Custody Coach™ supplies information and one-on-one help to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting including information on how to find free help resources such as a family law facilitator office. Steven Carlson, The Custody Coach™ is the author of the winning child custody guide “How to Win Child Custody: Proven Strategies that can Win You Custody & Save You Thousands in Attorney Costs!”

Overview of Family Law Issues of Child Custody, Guardianship and Wills and Successions

The world of family law is very different than just about any other type of legal practice. One of the major differences is that unlike dealing with many of the business related areas in which lawyers practice – family law can get personal. These family attorneys regularly deal with issues such as divorce, child custody and support, unforeseen deaths, wills and successions. These are areas of our lives which invoke strong emotions and are not always easy to deal with.

Child Custody

The issues of child custody and guardianship are a factor of the high divorce rate in America compounded by the number of children born out of wedlock. Family law matters surrounding children involve designating custody, child and spousal support, parental rights, adoption as well as community property negotiation. And when there are kids involved, hopefully all parties can focus on the best interests of the entire family rather than strictly their own self interests.

When it comes to child custody – courts will generally choose one of the following types:

· Temporary custody – this is granted during the divorce or separation proceedings and is usually replaced with a more permanent solution.

· Exclusive custody – This is when one parent gets all of the custody rights to the child and the other parent is excluded.

· Joint custody – refers to when parents are granted some version of equal rights regarding the child’s upbringing. Joint custody is usually reserved for situations where both parents are competent and able to carry about parental duties.

· Third party custody – if both parents are either incapacitated or deemed unfit, the courts can award custody to a third party and may include family members such as uncles, aunts and grandparents.

Guardianship Issues

Another issue facing parents is what to do if you do not have a trustworthy person to leave as a legal guardian or trustee for your children or heirs. When this scenario arises, guardianships can be used as a last resort.

A guardianship refers to a situation where a child or incapacitated adult needs someone to manage their assets. These are usually supervised and assigned through the court system and require extensive legal work to setup and manage, including annual accounting and restrictions as to how money can be used and spent.

Wills & Successions

Wills & successions are often thought of as “estate planning” instruments, but really they should be considered part of family law. Taking the time to plan for unforeseen events is a critical part of ensuring your family is protected and your wishes can be followed, especially if the unimaginable happens. If you want to know how important having even a simple will can be, simply ask anyone who has unexpectedly lost a family member who didn’t have one!

A Family Law Specialist Can Help Protect Your Rights

Many relationships are involved in family law, which can include interactions between wife and husband, children and parents, and even domestic partners. Although these relationships are of a personal nature, there are laws in place that govern the boundaries of personal relationships and provide necessary legal intervention. Many issues that arise from adoption, domestic violence, and divorce situations call for individuals to hire a professional and experienced family law attorney to protect their rights.

It can be extremely frustrating, hurtful, and stressful to have to deal with a legal matter that involves your family member. The outcome can significantly affect you both financially and personally. If you have a knowledgeable attorney handling your case, they can provide you with the support and advice you need during this difficult time in your life. If your family law matter has to do with a domestic violence or divorce situation, a competent lawyer can provide you with the compassion and sensitivity needed to handle your case. Many of these cases involve grandparent rights, father rights, paternity issues, guardianships, and visitation rights. Your attorney will be able to provide you with the legal support you need to protect your rights.

Family law issues are usually stressful and emotionally charged. For this reason, you need professional and experienced counsel that is able to deal with delicate matters. If you attempt to handle your case on your own, it could result in you becoming even more stressed due to an unfavorable outcome. If you hire a strong and encouraging attorney, you get the assurance of competent legal representation and receive an emotional benefit at the same time. Your attorney will alleviate the stress of handling your case on your own and allow you to focus on moving ahead in your life.

You can receive the support and personal attention you need when you allow a family law attorney to alleviate the anger, helplessness, and frustration you have felt because of your case. You can call and schedule a consultation so you can discuss your case with the attorney and find out about your options and rights regarding your divorce, adoption issue, custody dispute, or other domestic situation. Hiring this lawyer will provide you with the information you need to make an informed decision regarding your case. Through the information gathered on your consultation, and additional investigation, your attorney will be able to formulate a legal strategy that will represent your interest so you have a better chance of achieving your goals.