19. Family Attorneys

Family attorneys practice family law and help you in matters ranging from divorce to will creation. Here, we will delve into the details associated with family lawyers and how they can assist you with legal concerns in the US.

Who are Family Attorneys? What Do They Do?

A family attorney is a lawyer with expertise in family law, including cases related to family life and relationships. You can approach a family lawyer for yourself or your family and seek representation on issues related to divorce, child rights, adoption, trust, etc.,

Here, the lawyer can represent you in trials or act as a mediator to overcome miscommunications and disagreements. The lawyer can assist you in negotiations and reaching settlements.

Divorces can be emotionally draining, and handling issues associated with it all by yourself without legal support can be challenging. With the assistance of a family attorney, you can manage divorce efficiently and without taking matters to court. When splitting up, you and your partner have to think about child support and custody if you have children.

Similar to divorce, pre-nuptial agreements will also require support from a family lawyer. It is the best way to spell out spousal support and division of property in the event of a divorce. Here, the family lawyer can help with the documentation process. Besides, you will need the assistance of a family lawyer while you and your partner plan to adopt a child. They include matters related to agency, private, identified, and international adoptions.

Apart from matters related to marriage, you would require a family lawyer to look into your estate and will. You can approach a family lawyer to create a will that provides information on how you want to manage your properties after your death. Other than these cases, you might require a competent family lawyer to settle disputes that have reached the court for trials.

These are some duties associated with family lawyers. You can hire one if you face any of these situations. Since it comes under civil and criminal affairs, you can avail yourself of the benefits of Pro Bono services. However, for this, your annual income has to be less than 125% of the federal income. You can attain free services from NGOs even if your income is high in the case of domestic violence.

In What Ways can Family Attorneys Help with Marriage and Divorce?

Marriage and divorce involve a lot of complications and processes. Here, you would need a family attorney to help you through pre-nuptial agreements, annulments, divorce, alimony, domestic violence, etc. Understanding that, we have brought together how a family attorney can help you in these aspects in the US.

● Prenuptial Agreements

Although many people consider pre-nuptial agreements to be for rich people, it isn't correct. Currently, people with modest incomes also file pre-nuptial agreements. It is to avoid the division of properties or assets in the unexpected event of divorce. It is beneficial to bring clarity to financial rights and responsibilities, protection from debts, etc.,

● Annulments

Annulments are procedures that can make a marriage invalid. The conditions associated with annulment vary from one state to another. However, you can file them if the marriage happened through misrepresentation, incest, force, or if it involves a minor.

● Divorce

Mainly, there are two types of divorce and they are no-fault divorce and fault divorce. No-fault divorce happens when a spouse requests for a divorce without putting their partner at fault. Instead, the person would present a general reason while filing for divorce. Although all states seem to accept no-fault divorce cases, in reality, there are 19 states that truly support these cases.

Coming to fault divorces, they came into effect in 1969 in the US. In these cases, the spouse who files the case would put fault on the other. They can range from adultery to violence. However, the concerned family lawyer and the person have to prove the reason mentioned in the court.

● Alimony

Alimony, commonly known as spousal support in the US, is an initiative through which the spouse who earns higher has to pay their ex-partner. Here, the court can determine the payment structure, and it will be available as a court order. While deciding on the alimony, there will be room for negotiation where your family lawyer can assist you.

● Domestic Violence

If you have been undergoing domestic violence, which can be physical or emotional abuse, you can seek help via a family attorney. The lawyer can help you gain protection to ensure your safety. The lawyer can assist you in attaining full custody of your child.

How can Family Attorneys Help with Child Support and Custody?

Child support and custody are integral parts of family law. Let's examine them in detail:

● Child Support

Upon divorce or mutual termination of a relationship, the non-custodial parent will have to provide financial support to the custodial parent. Unlike spousal support, this is for the welfare and well-being of their children. Here, the parent will have to provide the payments periodically.

As of now, the average amount paid as child support in the US is $430. However, that doesn't mean that you will be facilitating the same amount. It can vary based on your child's lifestyle, education level, health conditions, and other factors. Therefore, with the assistance of a licensed family lawyer, it will be easier for you to look into the affairs related to child support.

● Child Custody

If you and your partner have children while mutually terminating your relationship or divorcing, the question of child custody arises. Based on your requirements, you can request full or partial custody. However, there are scenarios where the court won't provide any custodial rights to a parent.

Mainly, these concerns come under physical custody based on which decisions on where the child lives arise.

Apart from this, there is the concern of legal custody. It includes the right to make crucial decisions related to healthcare, education, etc.,