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So, you have decided to seek out a family lawyer, either for a divorce, legal separation, etc. In this article we are going to discuss some of the things you should look for when choosing your family lawyer. We will also discuss some of the most basic but essential things that need to be resolved.
One of the first things to look for in a family lawyer is their success rate. This is usually gauged by the number of cases they have handled and won in the court room. Normally their success rate can play a factor in proving their level of experience. The next thing to look at is their exact field of family law, are they going to be able to provide the specific service that you need? Can they help in any other fields should an issue come up, like child custody, or even any criminal issues if it is necessary?
After checking all these factors and settling on a family lawyer who suits your needs you should sit down with them and come up with a game plan. Your plan should cover such things as the following:
These include any bank accounts, stocks or bonds, and anything that is shared jointly by both parties.
These include vehicles, land, houses, and even personal possessions such as pictures, jewelry, etc.
If you are like most people you’re going to have some built up. It may be a house mortgage, a car loan or personal loans, etc. Usually if it is a debt that is jointly shared, the attorney will try to balance it out. Such one person taking a debt and the other taking separate debt to balance things out and satisfy both parties.
Something to consider is that most couples these days have life insurance and the spouse is the beneficiary, this will usually need to be resolved and beneficiaries changed.
Last but not least and also one of the most major issues that need to be resolved is financial support and child custody. This is an extremely complex matter as it is strictly regulated by local laws. This is where your family lawyer needs to excel. Having a proficient family lawyer will ensure that both parties are satisfied or at the least their client is satisfied with the agreement when it comes the the child custody and or financial support.
This is not usually an easy process but that is why the family lawyer is there. They will always do their best to try to create a smooth process and the least amount of stress for their client.
One last piece of advice is not use a friend as your lawyer– even if they are a bar certified family lawyer. This usually causes serious issues with your friendship by putting that friend in an uncomfortable position, and can also lead to a conflict of interest as well. You need someone who is neutral and not associated with either parties involved in the case.
Attorneys and lawyers that practice family law are known to take up all kinds of cases that relate to family issues ranging from common to highly unusual cases. Normally they will handle cases regarding separation, legal separation, divorce, adoption, prenuptial agreements, child custody, alimony, and support agreements, or the division of properties that were accumulated throughout the marriage.
They can handle pretty much anything that is related to family and even sometimes take uncommon cases that intersect with other branches of the law such as property law, criminal law, even probation issues.
As always there are a ton of questions that can come up when searching for a family law attorney. One of the biggest questions asked is “how easy will this be?”
An honest lawyer is going to be straight with you and explain the process, even the hard parts– especially the hard parts. They will discuss all options available, what kind of effects it will have on your friends, family, and children along with the pros and cons of each option.
They can also answer questions regarding child custody, alimony, child support, and numerous other things.
Family Lawyers are there to assist you with any questions that you might think of and a good one will have an simple understandable answer. One thing to take into consideration if you are separating or divorcing is child support laws. They usually vary state to state, are not bound by any specific federal statutes, and can be extremely confusing — especially if you don’t receive proper assistance.
If this is the case it is always a good practice to seek out a lawyer from your state, or the state where the case is being processed as they will be well versed in that state’s family law statutes.
Another advantage a family lawyer has is their ability to help a parent out if they are having issues making child support or alimony payments on time due to extraneous circumstances like loss of job, injury, etc. Normally when this is the case they will help you seek assistance through the courts to make adjustments. They can also help in regards to other things such as child visitation rights, even pet visitation rights which is becoming quite a common issue, and receiving and transferring funds if parents are living in separate states.
When it comes to family problems which are usually extremely stressful and upsetting, a family lawyer can be quite useful in assisting with the resolution of those issues. As always it is usually best to seek out a family lawyer who has qualifications in the specific area that you need help with but also has experience in other areas if such a need should arise.
One final thing to look at is the Family Lawyer’s work load. They may be a capable lawyer, but if their workload is too large they may not be able to dedicate the time required to resolve the case. As with most things, you can always start off with researching lawyers in your area either through the web or the yellow pages.
Whether you need a family or divorce attorney in NYC call now for a free legal consultation.