What Does a Family Lawyer Do?

Family lawyers specialise in cases involving domestic abuse, divorce, adoption, and other legal matters affecting families. They also oversee estates and offer advice on family law issues like custody, support, and alimony.

Becoming a family lawyer starts with an undergraduate degree in a relevant field such as history, political science, sociology, or psychology. You can then attend law school or pursue a graduate degree in family law.

Divorce

Family law is a field of law that focuses on legal and personal matters related to a divorce or legal separation. For example, a family lawyer can help clients with property division, child custody, child support and alimony.

Divorce is the formal ending of a marriage, a legal process that can be filed in any state. It involves four major parts: filing papers, service of process, pre-trial hearings and trial.

Getting a divorce is a complicated process. It can take at least six months for the Court to decide your case.

While a couple can decide to get a divorce themselves, they are vital to an experienced divorce attorney. A reasonable family attorney Adelaide is reasonably sure that the results of the result client’s best interests.

The first step is to file a petition with the Court stating why you want a divorce. If you have children, you must also show that you meet the child custody requirement in your state.

It would be best if you tried to reach an agreement with your spouse on the issue of child custody and visitation before going to Court. If you and your spouse can’t agree, the Court will determine how much time each parent spends with the children.

Another part of the divorce process is to discuss financial matters such as assets and debts. These discussions can be challenging and lead to a lot of anger on the part of both parties.

The family law attorney you hire will also divide the couple’s assets and debts. It can be done through a process called equitable distribution. Equitable distribution means that the assets are divided in a way that makes sense. For example, the Court will consider how the assets were acquired, how they have been used during the marriage and what each person will need to maintain their current living standard.

Prenuptial agreements

A prenuptial agreement is an essential legal document that can protect a couple’s property, wealth, and debt in the event of a divorce. In addition to dividing assets and debts, prenuptial agreements also address issues like spousal support (also called alimony) and child custody in case of a breakup.

A family attorney Adelaide can help couples draft and execute a prenuptial agreement that meets their needs. They may need to help the team explain their finances and assets, determine what type of assets they have, create a plan for how future earnings will be distributed, and review the tax implications of these plans.

Couples must ensure the deal is fair and equitable when creating a prenuptial agreement. A family lawyer can confirm this by ensuring that both parties are fully informed of the agreement terms before signing.

A prenuptial agreement can also include clauses determining how a couple will raise their children, manage housework, divide holidays and other matters. It can also specify what will happen to a family pet if the couple separates.

Child custody

Child custody is one of the most critical issues in a divorce. It is because it determines where a child will live, how they will be cared for and who they will have contact with.

Family lawyers are typically hired to help parents resolve custody disputes in the best interest of their children. It is often done through mediation, negotiation and court proceedings.

The family lawyer presents evidence to support each parent’s custody claim. It can include a thorough history of the child’s development, a social worker or psychologist report, or other documentation of the child’s needs and strengths.

A family lawyer can help you navigate these and other complicated child custody cases. Having an experienced legal professional on your side will significantly affect your chances of achieving a favourable outcome.

Spousal support

As a family attorney Adelaide, you may be responsible for helping a client obtain spousal support when a couple separates. This financial support is sometimes called alimony or spousal maintenance and can be temporary or permanent, depending on the situation.

Spousal support is awarded by a judge based on several factors that primarily relate to each spouse’s financial situation. For example, it can help a spouse maintain their former standard of living or support a lower-earning spouse to encourage them to become self-supporting by finding employment or taking educational courses to increase their earning potential.

A set of guidelines guides the Courts in calculating spousal support awards. These guidelines are based on the parties’ income and the length of their marriage. However, the Court is allowed to make minor changes to these guidelines.

Comments are Disabled