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Family Law Attorneys
Family law is the area of law that deals with legal family
issues and domestic problems that can not be solved amicably without the
intervention of the legal system. Family lawyers are experts in all matters
related to family law including, marriage, dissolution of marriages, annulments,
pre-nuptial agreements and other recognized states of civil unions or
cohabitations.
A Family lawyer will be able to represent their clients in
the family court system. Often times disagreements between parties are resolved
without the intervention of the court by simply utilizing their services as
mediators or arbitrators between the parties in dispute. A Family divorce
attorney can also represent individuals in cases affecting minor children.
Family attorneys may be court appointed to represent the best interest of the
children in extreme cases. In most cases divorce attorneys are hired by the
petitioner or the respondent in a marriage dissolution case. Family lawyers
represent one of the parties to ensure his or her rights are being protected
throughout the process. Marriage is a contractual bond that joins two people
together in an economical and emotional bond. However, when that bond is
irrevocably broken and one party or both decide that it is best to part ways and
become single again, they turn to the aid and assistance of a divorce attorney
or family lawyer that can help settle disputes and arrange complicated matters such
as property division, child custody and alimony. In some states the parties in a
marriage are also jointly liable for the debt that was accumulated during their
tenure of marriage. These matters are reviewed by a divorce attorney who will
then advise their client on the best course of action regarding division of debt
and liquidation of marital property. The topic of child custody is one issue the
courts take very seriously. Children are often the most affected by a separation
between spouses. To this end each state has established printed guidelines on
child support, and the importance of a clear agreement of the children's
custody.
Family law attorneys in each state are familiar with the
specific laws and statutes that affect the area of Family Law. Even before a
marriage begins a family lawyer can prepare pre-nuptial agreements between two
parties who wish to join in marriage but do not want to join economically. This
is common of parties that are independently wealthy and created their wealth
while single and without the help or assistance either monetary or emotionally
from the other party. Once a pre-nuptial agreement has been filed with the court
system, everything acquired during the tenure of the marriage will be considered
a marital asset, unless specifically dictated on the prenuptial agreement. This
may vary from state to state. Not all persons who decide to enter into a
pre-nuptial agreement are independently wealthy, sometimes these agreements, drawn
by a family law attorney, protect a piece of property that is due to be inherited
or jewelry or artifacts that may be of value at a later time. Pre-nuptial
agreements must be made in writing, they must be done in agreement of both
parties, mutual and voluntary and it must be notarized before a notary public
with an acknowledgement statement.
Matters Affecting Children under Family Law
The courts have recognized the need to protect the best
interest of the children, whether the case involves a divorce, or adoption,
custody, legal guardianship or any other related matter. Family law attorneys
are often appointed by the court system to overview these cases and represent
the children independently of their parents or guardians. Some children are
wards of the state this means that they are under the care and custody of the
state they reside in and do not have a legal parent that is in charge of the
minor child. Family lawyers are hired by parents who have lost the custody of
their children to the state or to a spouse; in these cases the family attorney
will be involved in following the court's rulings and challenging custody through
the appropriate means.
Family law is a comprehensive area of the legal system and a
family law attorney is the most knowledgeable person to give advice as to the
processes and procedures to follow when facing a family court issue.
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