What does a Family Lawyer do?

Author : Joseph Franks | Published On : 30 Aug 2021

If you ever get married and wish to have children, you might need the services of a family lawyer at some point. Some marriages do last a lifetime, but the couple might still need a family lawyer if they are hoping to adopt a child. A family lawyer’s assistance would also be necessary if you and your spouse-to-be decide to get a prenuptial agreement. Family lawyers deal with all matters included in Family Law, i.e. Divorce, Separation, Annulment, Child Custody, Guardianship, Emancipation, Child Support, Alimony, and Adoption.

Family law varies from state to state, which is why it is crucial that the lawyer you choose has sufficient experience operating locally. If you are facing any legal issues in regard to family matters, Family Law Attorney in Arlington, TX, can help resolve them with minimum conflict. Marriage termination and childcare are the foremost subjects Family Lawyers frequently deal with.  

Divorce, Separation, and Annulment

Terminating a marital relationship is never easy, yet divorced does not have to be complicated and devastating. Several couples get divorce on friendly terms through mutual consent; if that is the case, the partners may work out the details of the divorce on their own and complete the process quickly. Even if the divorce is void of hostility, a family lawyer’s intervention is integral when there are substantial assets and children involved.

Most of the time, the spouses do not see eye to eye on financial matters, which is why a collaborative divorce can later convert into a contested divorce and lead to aggressive litigation. More than often, only one spouse wants the divorce, which tends to drag out the process. There are also a few unusual cases where one spouse goes missing or cuts off all means of contact; here, an individual can apply for default divorce. Sometimes, couples are not nearly ready to end the marriage if love and hope still resides. Partners may opt for a separation instead, and work out the details with a family lawyer.

Division and distribution of marital assets in a divorce is the major source of disputes. Different factors have to be taken under consideration in order to reach a fair settlement. Involvement of a family lawyer is necessary to protect one’s interests and prevent possible fraud/deceit. Some marriages are not conducted legally, so they can be annulled; a successful annulment is equivalent to the marriage never taking place.

Child Support and Custody

Following legal separation or divorce, both parties can work out a parenting plan together or let the family court decide for them. The court of law wants what is best for the child; typically, it is preferred that both parents remain part of the child’s life and contribute to his/her upbringing equally. If both parents get along and wish to share the responsibility, joint custody makes sense. On the contrary, if one parent does not have the time and skill to keep up with physical custody, the child can permanently live with the other. The non-custodial parent may obtain visitation rights and continue to support the child financially.

The parenting plan and terms of paying child support have to be approved by the family court before they can be legally imposed. If both parents are fighting for sole custody, the matter becomes complex. Both parties will have to justify why they deserve to gain full legal and physical custody. The family court will support sole child custody if one parent is deemed unfit to care for the child. No matter what the situation, a family lawyer’s input is necessary to build a strong case for yourself.