What You Need To Know About Family Law

Posted on November 11, 2019 in Uncategorized

Domestic disputes within a family are not uncommon. Further one needs legal advice for matters such as adoption. Family lawyers are the ones who have the expertise on legal matters related to a family. Family law attorney will be a litigator as well as a negotiator for the legal issues arising within a family.

What is family law?

Family law is a domain of law practice that contains legal issues related to a family and domestic relation. These issues may be related to divorce, child custody, paternity, adoption, surrogacy, child abuse, child abduction, alimony, marriage and civil unions.

This list is not exhaustive and may include more issues depending on the circumstances and jurisdiction. There are also special family courts. In these courts legal disputes related to family laws are heard.

Why would one hire a family law attorney?

As explained family law is a domain in itself which encompasses all the legal laws and regulation in domestic matters. A family lawyer is an expert who knows what the law books say for legal issues in a family. They can be approached for any legal advice to decide on the plan of action in family matters as per the law books.

Is there enough demand for the family lawyers?

Yes! A fact definitely is not to be celebrated. More and more disputes are observed these days. Divorces are not very uncommon to say the least. There is also increased fight for alimony.

There can be a prolonged contest seeking custody of child. Additionally this is a very specialized field from the point of view of the attorney. There will be lot of effort involved in developing these skills, required for this field.

Apart from being a pro in law books on family matter the lawyer must be an excellent communicator and negotiator.

What is needed from a family lawyer?

A family law attorney acts as an expert on legal matters in the family. Besides explaining law books his role may be include more just than being a law man. He can do better if he can understand the stress and turbulence his clients are going through during the difficult period.

Apart from laws there are emotions of people involved which the lawyer must be careful. It might be possible to make parties happy without discussing legal matters.

The attorney should try his best to avoid unhappy outcomes for anybody within the heat of the moment. Some of these traits are universally desirable for all those who practice law.

Family Law Attorney Q&A

Posted on November 9, 2019 in Uncategorized

When should I consult with a divorce attorney?

It is never too early in the process to consult with an attorney. Engaging with legal counsel early allows you to make informed decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that you will be divorced; you may need information about the family law legal process. A common problem that I see is clients wait too long to contact an attorney to obtain legal advice and could have ended up with a better result if they had been informed about their options earlier.

What should I bring with me to the initial consultation?

Because family law matters can be very stressful, it is a good idea to write down any questions you have and bring them with you to the first meeting so nothing important is forgotten. You may also want to bring any documents relevant to your case if available – such as federal income tax returns, or documents concerning your assets and debts. If you signed a pre-marital agreement or any other kind of property agreement prior to or during your marriage, bring a copy to the consultation.

I was just served with divorce papers. What should I do?

You should retain a divorce attorney as soon as possible so they may provide legal advice regarding what has been requested and any hearings that have been scheduled. Once retained, your divorce attorney will file an answer on your behalf.

My spouse and I would like to only hire one attorney for our divorce. Is that possible?

In Texas, one attorney may not represent both spouses. Nor may a divorce attorney retained by one spouse give legal advice to the opposing party. Do some research to find out if your state allows representation by one attorney.

I understand that I have to go through mediation for my divorce. Is that true?

In Travis, Williamson and Hays Counties, mediation is required before a final hearing will be held in a family law case. In mediation, a trained, neutral third-party acts a facilitator for the settlement discussions between the parties and their respective attorneys. If an agreement cannot be reached during the mediation process, the parties may decide to resolve their issues via litigation.

How long will it take to get a divorce?

The time required to develop the final terms of your divorce is highly dependent on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a statutory waiting period of 60 days after the Petition is filed before the divorce may be finalized.

Do both spouses have to consent to the divorce? What if one of us does not want the divorce?

Texas has a “no-fault” divorce statue. This means that a divorce can be obtained, even if only one spouse desires it. You do not need the agreement of your spouse to file the Original Petition for Divorce or to pursue a divorce.

What does it mean when an attorney is Board Certified in Family Law by the Texas Board of Legal Specialization?

A family law attorney who wants to be Board Certified in Family Law by the Texas Board of Legal Specialization applies to the Texas Board of Legal Specialization to take a day long written exam to become Board Certified in Family Law. Of the 78,032 attorneys licensed to practice law in Texas, only 691 are Board Certified in Family Law by the Texas Board of Legal Specialization, or less than one percent of the lawyers in the state of Texas.

* In addition to taking a written certification exam, family law attorneys applying for board certification in family law must have demonstrated extensive expertise in matters such as divorce, property division, child custody, child support, paternity and other matrimonial matters. Specific requirements include:

  • Must have been licensed to practice law for at least five years
  • Have devoted at least 35% of his/her practice to family law for the last three years
  • Have experience handling a wide variety of family law matters
  • Have received recommendations by fellow attorneys and judiciary members
  • Must pass a day-long written exam on family law issues such as divore and child custody
  • Demonstrate regular participation in family law continuing education seminars

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Compassionate, Sensitive, Knowledgeable Family Law Attorneys Committed to Your Cause

Posted on November 8, 2019 in Uncategorized

Look for caring, compassionate, exceptionally knowledgeable and competent family lawyers when you have family issues, their characteristics make quite a difference in the outcome.

Family law issues deal with sensitive matters related to children or issues between couples that could possibly have far reaching repercussions impacting the future of a family. Family law issues are compounded and made more complex by the emotional factor, making for tangled webs that are difficult to unravel and, in a number of cases, end in bitter acrimony. This is where the characteristics of a good family law attorney or lawyer assume center stage and could make quite a difference to the outcome.

Competence is the key to success. The best family law attorney will dedicate hours to learning their craft, acquiring knowledge about the intricate labyrinthine laws and in using these when needed to bring about a positive result in their client’s favor. Competent family law lawyers are distinguished by a strong belief in themselves and their vision and consistently hard efforts they put in to achieve goals. Another distinguishing characteristic is exceptional communication abilities and convincing powers. Knowledge of laws is one thing, putting it across convincingly in an effective way to the deciding authority is another and this is where a family law attorney with these qualities can make the case turn in your favor. Aggression is another quality family law attorney or lawyer must possess if they are to come across as stout defenders of their clients’ rights. All these factors, besides the merits of the case, do influence the outcome when matters go to court.

However, there is much more to selecting a divorce attorney or family lawyer aside from their competence and skills. Family matters are intricate and complicated and cross woven with emotions running high. Compassion, understanding and the ability to take in a situation, empathize and try to resolve it before it goes to the last resort in a court of law are qualities that are just as important. Consider a case where a young family member has become liable for prosecution for drugs or alcohol use. Family law attorneys, with a background in dealing with juveniles and with a thorough knowledge of how the system works, can nip the issue in the bud.

A competent, compassionate and caring lawyer can advise and handle a juvenile tactfully while aggressively taking up the issue with authorities to nip the issue in the bud before it becomes a case. In the event it does, he pursues it with single minded commitment, fighting fiercely for his client. Consider family matters such as divorce, custody of children, support, visitation rights and all the other issues separation throws up. Family law attorneys and divorce lawyers, in these cases, must have people skills, tact and an ability to develop rapport with his client and also with the other family members who, in all likelihood, will be opponents in court. Their first attempt would be to resolve the family issues in the family through across the table discussions, taking the extreme step of litigation when all else fails. Background, experience at various levels and zeal coupled with knowledge of family law attorney lawyers prove decisive, whether it is to resolve matters amicably or through an extended, acrimonious legal battle.

If you are faced with a situation that needs legal assistance, consider you should consider all perspectives. It is the difference between losing and winning.

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