Press "Enter" to skip to content

Common Cases Handled by a Family Law Attorney

Many typical family law cases require an attorney’s help, including divorce, child custody, paternity cases, and post-judgment actions. The process for each of these cases may differ from state to state, but the attorneys in these areas can assist you in your legal case.

Property Division

A family law attorney can help clients navigate the legal process of property division. These cases are often a source of contention because the parties often disagree on how to divide the property. Although some states follow an equitable distribution system, this does not mean that all assets and debts should be distributed equally. Courts will generally try to split the marital property fairly, especially if the couple has children. Experienced attorneys Spring Hill, FL, can protect each party’s rights, including keeping a fair share of the marital property. They can also protect clients from taking on many of their spouse’s debts. This can improve the chances of a settlement outside of court. 

Divorce

A divorce is an important legal matter that involves the division of the assets in a marriage. The process of divorce can be complicated, and assets may need to be appraised or sold. In addition, one spouse may need to pay the other spouse’s legal fees. There are also legal considerations involving children, such as custody and visitation or spousal support. A family law attorney will be able to advise you on these issues. A family law attorney will understand your emotional state, as the issues involved are often susceptible. Choosing a lawyer who is experienced and comfortable in court is vital, especially if you face a contentious divorce. A family law attorney can also help you plan for the future. 

Paternity Cases

Paternity cases are common family law cases and often involve a genetic test. These tests aim to determine whether a child is biologically related to either of the parents. Once paternity has been established, the court can issue orders regarding child support, custody, and visitation. Paternity cases involve difficult legal issues. Usually, the father is the primary caretaker and provider for his child. He provides emotional support, nurturing, and financial support. In New York, the father has to provide for his child if he wants to receive child support or visitation. A family law attorney can help you with this complicated issue.

Post-Judgment Actions

A family law attorney can help you navigate filing a post-judgment action. These proceedings are often more timely and practical than a divorce proceeding. A post-judgment modification is another way to protect your children from your ex. This process has no time limit and depends on your circumstances and why you want to change the order. The first step in this process is to file a motion to change the order, typically with the same court that issued the divorce judgment. Upon filing, you should ensure that all the required forms are filled out and properly filed. Additionally, you should pay the necessary filing fees.

Modifications Of Court Orders

When you are in the process of modifying a court order, you should hire a family law attorney to help you. A lawyer can explain to the court why a change is necessary. If both parties agree, a modification can be handled quickly and efficiently. A lawyer can ensure the case proceeds smoothly, avoiding lengthy court proceedings. A modification is a process where a judge changes a court order when there is a change in circumstances. A change in circumstances can mean a change in custody or visitation schedule. For instance, if a parent has not been attending scheduled visits, the judge may decide to place them on trial for a certain time or completely take away their visits. If a parent abuses a child, the judge may consider the child’s well-being when considering a modification.

Guardianship Of A Person

Guardianship of a person, not your own, also known as conservatorship, is a legal relationship between a minor child and a person who is legally responsible for their care. A guardian has certain responsibilities, including handling the child’s day-to-day needs and finances. This legal relationship benefits the child, as it allows for stability and peace of mind. While guardianship is not permanent, it can be a temporary step-in between the biological parents and the child. Adoption, on the other hand, permanently alters the legal relationship between a child and a biological parent. For example, the biological parents are no longer responsible for paying child support to the child, and the child cannot inherit from them. A guardian’s role is to make decisions on behalf of the ward. These decisions may include their health, living arrangements, and financial concerns. Many prevailing situations result in guardianship. Most often, guardians are appointed for minor children. 

Be First to Comment

Leave a Reply

Your email address will not be published. Required fields are marked *