What is Family Law?

The Wikipedia defines “family law as an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders “.

While broadly family law encompasses every aspect of a family as seen as a ‘unit of people living together for many reasons’, there are many finer aspects relating to ‘family’ in many different contexts in different parts of the world.

Family denotes a group of people affiliated by a consanguinity, affinity or co-residence.

Consanguinity – ‘con’ means together and ‘sanguine’ means blood; so it simply refers to people descended from a common ancestor. It is an important legal aspect to determine if two people can marry or to determine who inherits property left by a person who has not made a Will.

Affinity in the family sense means attraction of feeling or kinship or relation by marriage.

Co-residence refers to individuals or a group of people living in the same residence and carrying out responsibilities of a family or a household. This may include a parent and child or children and other members sharing blood ties or living together for other reasons.

Family law therefore cannot be confined within social, economic or governmental regulations. There are simply far too many aspects and complexities involving human relations that laws in many countries have diverse legalities referring to each country’s intrinsic social and familial guidelines.

Stark and startling contrasts govern legislation in certain parts of the world. In some societies, patriarchal laws govern while in some others matriarchal. In many parts of Europe, before the advent of the legal system as we see it today, the Church was seen as the law enforcer.

Historically, family law has been based on European feudalism. In the 1970s, family law underwent rapid changes and became redefined, as it had become a part of the wider national debate regarding family values, gender bias, and morality. Particular areas of family law relating to divorce, child custody, family property etc. experienced many changes. Such rapid changes enabling quick fix solutions in marriage, divorce, alimony, child custody and child support drew widespread criticism from many quarters that viewed rising cases of marital discord and disharmony all over the world as a dangerous trend.

Family law is an increasingly important area of legal studies, with many law schools offering numerous elective courses on the subject and the bar exam testing knowledge of this area of law. Furthermore, family law is evolving as the national debate surrounding family continues. One notable change is how family law has been broadened to encompass couples who do not choose to marry.

Today’s family unit has evolved over the generations and may be a concise or shortened version of the co-resident families of the past. Relationships too have evolved and newer legal aspects to family law are being formulated to cope with the complexities of modern life and emerging trends.

What Is Family Law? – Key Secrets When Looking For Family Law Information

As everyday people, I’m sure you know how important it is to understand family law. If you’re asking the question “what is family law”, there are some time proven tips you should follow when searching out information.

  • See yourself looking through tons of law documents and legal papers. The key secrets are right in front of your face, and after all, there was a reason they have a law library in the first place, and by checking out your local college or law library, you will begin the process of your education.
  • Having a trust worthy destination to find up to date credible information on what is family law is only the beginning when learning family law. Now that you have decided to study family law its time to focus on what branch interest you. Although eventually the goal is to have a firm grasp in all areas.
  • It will take some take some time and dedication to your education and none of the your previous bad study habits may continue. Get ready to put 100% of your efforts into making some much-needed changes.
  • Take it slow when first starting your study plan. When you feel things are starting to make sense, do not rush the situation but let it happen naturally. With some much need time, you will feel the confidence. Have patient and don’t let yourself get discouraged.
  • Remember to just give it time and things will eventually fall into place. Find yourself full of knowledge from the very start of your research/training. The great thing about all of this is you can train yourself from day one. Go about the new found subject with wisdom and certainty, after all your spending all these hours studying.
  • You ca find a ton of valuable resources online to help you learn the ins and outs of family law, but watch out for mis-information. always make sure you choose a trusted site. You can download a program called SEOquake which will tell you the ranking of a website you have visited. Look for a page rank of between 3 and 10 and if the site is on the first page of the major search engines.
  • Taking the time needed to find the right source for information is critical. As different laws pertain to each state in most of cases, it’s very important to get the correct laws for each state. You can find a mountain of credible resources on what family law is if you put in the necessary time.

For more info, make sure and follow the link in the resource box below.

Family Law Firms: Choosing The Right Divorce Lawyer

No one is a winner when it comes to getting divorced. But, you do need to not only get the best possible resolution; you also need to protect yourself and your children’s best interest. There is no other way to get on with the rest of your life. Having the right family law firm on your side is crucial.

Choosing the correct attorney could be your most critical decision in successfully confronting your Family Law issues and beginning the next phase of your life.

Remember to keep in mind:

Your divorce lawyer is not your personal therapist. This is not the person to be talking to if you have any unaddressed emotional or psychological issues. They are only there to assist you legally.

Your divorce lawyer is not a minister or priest. If you really need spiritual advice, your lawyer is not going to cut it.

Your divorce lawyer should absolutely not represent both you and your spouse. There is just no way to be completely neutral to both parties. It is true that an attorney can represent one side with the other continuing without a lawyer. You should however be extremely cautious of any lawyer claiming they can represent both sides in a divorce.

Choosing the correct family law firm can help you retain your financial security. But, choosing the wrong one can cause you to lose assets that you should retain. Worst of all an incompetent lawyer could also cause you to lose your parental rights as well.

What you want is a knowledgeable attorney that is willing to fight tooth and nail for you. They should also walk you through the entire process and respect what you need during this hard time. Many times litigants will change lawyers multiple times before the case is even concluded. The reason being is that they do not put in the time or effort to properly find the right family law firm.

The process of divorce when you take it down to its essence is simply two people coming to an agreement about no longer staying married and figuring out how to best live their lives apart. Throughout this there are several key things that need to be resolved:

Parenting Schedules, Financial Support and Child Custody – You need an experienced family lawyer to handle this area as it is very complex.

Finance Matters – Money, banking accounts, money market funds and anything relating to your joint finances

Retirement Finances – IRAs, pensions, pre-determined retirement plans and anything relating to your retirement

Property – All tangible items including cars, jewelry, tools, furniture, photographs and all personal property needs to be sorted out

Life Insurance – Whole life insurance policies have cash value

Your Debts – I know that no one wants to take responsibility of the financial debts that come from a marriage but this is a complicated and critical subject for your lawyer to handle.

Spousal Support – Sometimes spousal support is granted if one party earns more money than the other in comparison. The length of the marriage will also determine how much is paid for spousal support.

The family law firm that you choose should fit the following criteria and should follow these standards:

Complete Knowledge Of Family Law

Without a doubt the overall thing you want in a family law attorney is knowledge of family law. Experienced family law firms will not only be familiar with the law but will also be up to date on legal trends and the legal system in general. A good lawyer will be able to handle any emergency that might come up during your case and handle it effortlessly.

Comfort Level

You are after all paying for their services so you should be at ease and always treated with respect. Often going with your instincts will help you choose the right lawyer. It is very important that you feel comfortable with your attorney so you don’t hesitate to ask about anything, no matter how trivial you think it is.

Do They Want To Win?

Although this can be pretty difficult to figure out during your first visit it is much more likely that they will be aggressive and determined to win for you if they are exited at the onset. A disinterested lawyer will miss many facts about your case.

Do They Have Support?

Any good family law firm has multiple staff members including other attorneys and paralegals. The more complicated your case the more assistance will be needed. Oftentimes specialists are called in to help your case. Having the proper people supporting them will allow your lawyer to be more focused.

Divorce can be a very stressful and emotionally painful experience. In a difficult time such as this it’s not only tough on you but on your family as well. Now is not the time to have the additional stress of wondering if you picked the right lawyer.

The lawyer that you have representing you should not be an obstacle. They should be experienced, strong and ready to fight for you and your best interests. With a good lawyer at your side you can focus on your family’s emotional status. You will only make this time harder on yourself by not carefully choosing the right lawyer.

Why Experience Matters With Family Law Issues

Family law is a highly emotional legal specialty, as the issues that lawyers of this nature deal with are closely tied to the people and values that matter most to clients.

Often, one’s first experience with this area of the law is a result of a difficult or traumatic experience such as child custody hearing, child protective services hearings, or divorce proceedings. These situations involve intense emotions as the relationship between former spouses and/or parents and their children, making an already challenging area of the law even more difficult to navigate. Emotionally charged proceedings create a stressful work environment, which is one reason why many attorneys choose not to practice family law.

However, it is very important as a client choosing a lawyer for this type of situation to make sure that you choose one who has experience and knowledge in this area so that you can be sure that your interests and the best interests of those involved are pursued.

Special issues with children

For example, family lawyers deal with issues of protecting children. The government can choose to place minor in foster care temporarily or to put the children up for adoption and permanently revoke the rights of parents if they feel that the child is in danger. They also work with judges and the courts to determine the emotional costs of divorce on children in an attempt to minimize damage to the children as these proceedings are conducted. These decisions can be painful and difficult for all parties, which is why it is particularly advantageous to have an experienced and skillful attorney on your team.

Regarding these difficult and complex issues, the law can often be vague and unclear, leaving a great deal of room for interpretation and confusion. For this reason, courts across the United States and in Louisiana often allow for family lawyers to use the option of “collaborative family law” as a way to resolve these issues without formal, traditional proceedings. Through cooperation, the parties involved can attempt to resolve their conflicts without the costs, time, and distress involved with conventional courtroom resolution.

In some cases, this works out very well for both parents and children. However, this is not universally the case, and if collaboration fails to settle the problems out of court, clients need to be prepared to take the issue to trial. A lawyer who has worked in family law for many years has participated in both collaborative settlements as well as formal trials and will be able to guide you through this trying process.

The issues covered by family law are very broad, ranging from simple divorces to end short marriages that involve no children to domestic violence and even paternity suits. Deciding what is best for clients can involve any number of specialists and governmental agencies.

If this sounds overwhelming, it is because resolving family law issues can be incredibly difficult and complex. However, lawyers who have chosen this as their practice are able to explain one’s options and help them choose the best path for a resolution that serves the best interests of all parties.

Family Law Courts Are The Perfect Option For Solving Family Disputes

There are several cases in the court of justice and the varieties in them ranges a lot. So, there are certain classifications in the courts present in any judicial system of the country. Some of them like civil, criminal, consumer, taxation and many more are categorised according to the types of cases that come in the court’s way. The specialization for the lawyers is even categorised. But, there are consultants and firms who help in all your legal problems and that mean, one place solution for all your problems. Suppose you have a family legal problem then how would you get family law lawyers and trust on his/her expertise if found one? It seems a hard task to talk about.

The family law courts deal with the cases related to family issues. Family issues are many and the list is quite big to lay out with a complete explanation. Some of them are, adoption, prenuptial agreements, marriage, divorce, separation, legal separation, property division after the death of the parents, division of property on the breakage of marriage, domestic violence (western countries are very strict on these issues, even a mother can be arrested for beating her child), child labour, abuse on marriage to the lady, parental rights, juvenile and many other issues which make sense for having a justice.

The family law courts are criticized a lot about not giving a proper justice and forwarding the case to those higher courts which demands more money and more family law lawyers. So, in a sense they are considered of no use but this is a complete false notion. Instead of the family court the losing party calls for the higher court’s justice. There are also some other issues that has been under the family courts like, the cases relating to, criminal laws inside family, property related laws, probation laws and so on.

The family courts are the most crowded places in almost every country. They deal mostly cases relating to social and economic issues and these are numbered more than any other cases. These courts include less complex cases. The clients who enter into lodging a complaint may be new in these terms and the process might be intimidating for certain people. But, it is perfectly fine about all these because here you abide by the government’s support as they ensure you justice.

One important thing is not to trust anybody out here in this field and hence you must thoroughly understand the terms of the laws. It might be a difficult task for you but the terms relating to your particular case are very important to understand. So, you can readily go for those and make sure nobody cheats you.