Legal matters relating to laws, regulations, and legal procedures involving domestic relations are part of the branch of family law.
The most common cases in family courts are child custody, divorce, domestic violence claims, spousal support claims, paternity applications, parent and grandparent visitation agreements, child support, child (child support), separation of law, and emancipation.
While you can resolve some of the legal issues covered by family law on your own and without the help of a lawyer, there are other essential situations when it is very convenient to seek timely advice.
For example, you don’t need a lawyer to get married because the paperwork is straightforward, but if you want to make a prenup, you should consult a lawyer.
Likewise, if you are divorced by mutual consent and neither you nor your ex-spouse has any property to share or children, it could also be favourable for you to divorce yourself.
What cases do family law lawyers handle?
Below you will find a range of everyday family law situations and procedures in which it is appropriate to seek legal representation.
- Wedding: If you already have a wedding date, an attorney can advise you to prepare a prenup. These documents are widespread nowadays. Some states require parties interested in a prenup to obtain legal assistance. An attorney can also explain the pros and cons of a prenup.
- Cohabitation, free union, de facto spouse: If you are considering living with your spouse without getting married, a family attorney can clarify your rights and how to proceed concerning an acquired joint property.
- Divorce: A family attorney can tell you how divorce laws work in your state, develop a plan of action, get all the paperwork you need, file for divorce, review financial paperwork, and represent your interests.
- Spousal support: During a divorce, which is non-consensual and where one ex-spouse earns more than the other, discussions about benefits are almost always a source of conflict. An attorney can negotiate with your ex-spouse and make a fair proposal on your behalf.
- Child custody and child support: When parents divorce, they must agree on who will pay the child support costs, whether they will have sole or joint custody, and what the visiting rules will be. If you do not have an agreement with your ex-spouse on these aspects, or if you think that your ex-spouse should not see your child unsupervised, then you will need the help of an attorney to reach a sound and satisfactory agreement.
- Adoption and foster care: Adoption is a long process with multiple legal steps. Generally, a family law attorney accompanies the adopter throughout the process. Laws vary according to the state where you will apply for adoption, and some evaluation and supervision are required before the child leaves to live in their new home.
- Parental Responsibilities: Parents are often responsible for the actions of their young children. Sometimes when accidents or crimes occur, the parents are to blame. In this case, it is a good idea to seek legal services from a lawyer who can defend you and seek legal solutions.
- Emancipation: Some young children can become independent if they prove their maturity and financial ability to live apart from their parents. A family attorney can help you negotiate the best terms between you and your child.
- Reproductive rights: In the United States, some laws regulate and guarantee your rights regarding abortion, birth control, artificial conception, and surrogacy. Most of these laws are complex and change from state to state. An attorney can advise you on your reproductive rights.
- Domestic Violence and Child Abuse: These two legal issues are susceptible and rarely handled without a lawyer’s help. Depending on the nature of the offence and its severity, even these cases are handled in criminal courts.
find family law experts in Melbourne today
This article is helpful and informative, but legal matters can be complex and stressful. A qualified family law attorney can handle your special legal needs, explain the law, and represent you in court. Take the first step now and contact a family law expert in Melbourne to discuss your particular legal situation.