Friday, August 26, 2016

When To Hire A Family Law Attorney

Family is what binds us, by heredity and by love. Sometimes families break up; sometimes families just need something in writing to ensure that their loved ones are protected. And, with the family structure constantly evolving, more and more people are seeking legal protection and advice to empower their lives. Family law is a diverse set of laws that work with many of the issues that families are now dealing with. The law covers issues dealing with marriage, custody, wills and estates, and domestic violence. Here are a few situations that require a family law attorney.


Prenuptial and postnuptial agreements are terms set out by both parties prior to marriage detailing what each person has and can leave with should the marriage end. Reconciliation is a part of family law that seeks to help both parties find common ground on making the marriage better. If reconciliation does not work, many couples file for divorce. In most states, there are grounds for which divorce will be granted, including adultery, imprisonment, domestic violence, and irreconcilable differences. Many laws also deal with civil unions between same-sex couples as well as couples who may not want a traditional marriage.


Custody issues generally necessitate an attorney. There are usually two types of custody: joint and sole. Joint custody is when both parents share equal time with the child. Sole custody is custody granted to one parent. In some cases, though, the custodial parent needs permission from the non-custodial parent and the court to do things like move to another state. Custody also includes children in the foster care system, as well as guardianship. The court helps to decide what is best for the child based on certain criteria.

Wills and Estates

A will is a legal document created by an individual to state his or her wishes in regards to property and/or other assets. To ensure that your wishes will be upheld after your death, it is important to seek the advice of a legal representative when drafting your will. There are three types of wills: last will and testament, living trust, and living will. A last will grants last wishes to beneficiaries, including property, last wishes of the individual, and guardianship of minor children. Not having a last will means that the court can make decisions on your behalf. A living trust transfers property to beneficiaries. Unlike a last will, a probate court does not have to acknowledge it. It can be dragged out in court for years, costing you high attorney and court fees. A living will deals with health-related issues, including life support and power of attorney over health care decisions.

Domestic Violence

Domestic violence negatively affects everyone. Abuse is never okay. Domestic violence laws are in place to protect women and men, young and old, regardless of socioeconomic status. They also protect those who are falsely accused of domestic violence. Family lawyers help access restraining orders, secure residence, and defend the wrongly accused.

Legal issues, even seemingly easy ones, can be scary. Protecting yourself and your family is very important. It is important to pick an attorney that is reputable, empathetic, and can guide you through the legal system.

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