Frequently Asked Questions For A Family Law Attorney

Because most of the cases they handle include marital discord, family law attorneys are most commonly referred to as divorce lawyers. But like other areas of legal practice, family law is much larger than a single subject. It involves many other domestic matters related to family obligations and disputes. To give you a better understanding of this growing legal field, we've come up with five answers to questions a family law attorney commonly receives.

Is There A Difference Between A Divorce And An Annulment?

When one or both spouses attempt to dissolve a marriage, there are two possible outcomes. The most common one is a divorce, which puts an end to a legal marriage. However, if the court finds that the union was not legally valid, it may just grant an annulment. A legal decree, an annulment treats the union as if it never happened. Bigamy, fraud, or coercion are just a few of the reasons annulment is granted.

What Does Child Support Cover?

When one parent retains primary custody of a child or children, the other parent may be ordered to provide monetary support. Although the custodial parent makes the payments, it can only be used for things the child needs, including:

- Food, clothing, and shelter
- Medical and dental care
- Educational expenses

If the custodial parent uses child support for any other purpose, the non-custodial parent may notify the court.

How Is Alimony Calculated?

Also known as spousal support, alimony consists of regular payments made to a dependent spouse. Since they make more money, a supporting spouse is often asked to pay a certain percentage of his or her monthly income in alimony. The dependent spouse may receive these payments until he/she is either remarried or achieves financial independence.

How Is Child Visitation Determined?

When children are involved, it is up to the court to make a decision based on their best interests. After custody has been established, the ex-spouses can discuss vitiation rights. Experienced attorneys can be invaluable for both sides during this sometimes contentious process. As long as they can come to an agreement, there may be no need to get a court order regarding visitation rights.

Do I Need A Family Law Attorney?

Although it is technically possible to represent yourself in family court, it is very rarely done. Why? In addition to the incredible amount of stress and strain these cases almost always cause, they can also be confusing from a legal perspective. Matrimonial law is not written in stone, so judges tend to err on the side of caution. They often encourage both sides to come to an agreement rather than making a firm decision. As a result, a spouse that does not have legal representation will be at a distinct disadvantage during negotiations, including negotiations of child custody and other important issues.

An experienced family law attorney can help protect your rights and pursue your interests during an emotionally trying time.

Five Good Reasons to Get a Family Law Attorney

Family law attorneys are more than just divorce mediators. These domestic relations specialists also deal with a range of domestic issues, including domestic violence, child custody, child support, spousal support, adoption, and surrogacy.

Divorce

If you've ever known someone who has gone through an ugly divorce, then you know how bad things can get, especially without proper legal representation. In many cases, alternatives such as mediation aren't nearly as effective as having a representative of the law fighting for your rights. Attorneys that specialize in domestic relations are exactly the types of legal experts that you need to fight for your rights should you or your spouse decide to dissolve your marriage.

Domestic Violence

Most people aren't aware that family law attorneys handle cases involving domestic violence. Whether you want to bring charges against your legal spouse or former partner or you want to legally fight allegations of domestic abuse, these types of cases fall under the jurisdiction of a domestic relations lawyer. These legal experts will walk you through the entire process, from filing the restraining order and helping to enforce it, to fighting to recoup any damages or loss that you may have incurred.

Child Custody

In many instances of divorce, there is often a subsequent legal battle over who should have custody of the children. Family law attorneys specialize in handling these types of cases with the intent of helping to place the children in the best possible environment, which should be the most important goal. The lawyers are also there to help ensure that your visitation rights are honored.

Child Support and Spousal Support

Much like child custody, child support and spousal support are often byproducts of a divorce, although they may not always go together. Child support is typically sought by a parent of a minor child in an effort to help with the financial responsibilities associated with raising that child. On the other hand, spousal support, sometimes called alimony, is typically sought by a spouse who is seeking financial independence upon the dissolution of a marriage. Whether you need child support, spousal support, or both, family law attorneys work to get you the most amicable solutions in your case.

Legal Separations

Depending on the family law firm, the attorneys may take on legal separation cases. Often confused with divorce, legal separation is not an end to a marriage, but a court order enabling couples to live separately while remaining married. The court order details the rights and duties of each spouse, allowing both parties to work out any financial, personal, or emotional issues that have had an effect on the marriage. Fairly uncommon, legal separations may entail issues of property division, child custody, child visitation, and spousal support, and the complexity of these conditions and the relevant state laws usually require the expertise of an attorney.

What Are Child Custody Rights?

Child Custody Rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents.

Custody rights are determined based on the best interests of the children. These rights specify who will have physical and legal custody of the child as well as who will make the payments for child support.

The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. Fathers are less likely to win custody of their children because of the notion that mothers are better caretakers of children.

About 20 percent of cases award joint custody, in which both parents enjoy an equal amount of custody over their children. In this child custody arrangement, parents are allowed by the courts to divide for themselves the custody rights as long as neglect or abuse is not involved.

Custody rights entail both legal and physical responsibilities of the parents. Legal custody rights allow a parent to make major decisions on things that are involved in his or her children's life such as religion, education, and healthcare. Physical custody rights allow a parent to the child stay with him or her for good.

Barring major disagreements in the wishes of each party, parents can easily determine their rights to custody of their children. However, when both parties cannot reach an agreement, mediation is necessary. Mediation refers to the process that involves intercession of an independent third party to aid parents in making decisions about their custody rights. It can help speed up the process of coming to an agreement of both parties. Once an agreement has been reached and approved by the court, the terms of this agreement can be immediately implemented. If disagreements still ensue, a court hearing will proceed to determine who gets which rights.

During the custody hearings, the judge will consider several factors before making a decision. Usually, courts depend on a psychologist's expert testimony, which evaluates options for custody rights by examining a number of important factors. Some of the factors that a judge looks into include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents' home, the amount of time a parent can devote for taking care of the child, and the parents' ability to finance the child's needs. Children may be invited in the court hearings to testify or to speak privately with the judge.