Family Law Basics

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Family Law What Is Family Law? Family law is the legal framework for resolving marriage and family issues. Family law specifically deals with: Custody of children Child Support Child Visitation • Alimony Property and Debt Division Restraining Orders

Transcript of Family Law Basics

Page 1: Family Law Basics

Family Law

What Is Family Law?Family law is the legal framework for resolving marriage and family issues. Family law specifically deals with: • Custody of children• Child Support• Child Visitation• Alimony• Property and Debt Division• Restraining Orders

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Divorce, Child Support, and Custody

• Divorce: Divorce is a court procedure that dissolved the marriage between a husband and wife. Each state has their own procedure for divorce, but majority of states have adopted “No Fault” approach.

• Child Support: Federal law requires that courts use some kind of official guidelines or formulas when determining child support payments. Federal law has not adopted one guideline, but each state has its own method.

• Child Custody: States require to determine child custody based on the best interest of the child and a consideration of each parent is considered

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The Family Law Process

What is the Family Law Process?Each state has its own laws governing family law. Family law issues are usually resolved through mediation, stipulation, or trial. Stipulation: When parties agree on an issue, they can make it into a stipulation agreement and submit it to court for approvalMediation: When parties disagree on certain issues, a court will order the parties to go to mediation.Trial: If parties are unable to agree even after a mediation, the case may go to trial. A family law attorney is highly recommended in this phase.

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Do I Need a Family Law Attorney?Family law attorneys can handles a variety of cases that deal with legal relationships among family members including parents, children, husband, and domestic partners.

What Type of Family Law Attorney Do I Need?Choosing the type of family law attorney depends on the type of legal issues that you are facing. Adoption lawyers are those that specialize in the process that recognizes an adult as the parent of the child. Child support lawyers deal with child custody, visitation, and support of a child after a divorce or separation of couples. Divorce lawyers specialize in the largest area of family law and help clients in property division, the divorce process, spousal support, and alimony issues.

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How Much Does a Family Law Attorney Cost?

Family law attorneys usually charge hourly and these rates depend on various factors such as lawyers experience, the complexity of the case, the average cost of a family law attorney in the area, etc. Expect to pay $75-$400 an hour for a lawyer’s time.

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Do Family Lawyers Have Payment Plans?

Many lawyers allow clients to pay the lawyer’s fee in installments. The lawyer may require the client to pay a retainer fee upfront and collect the rest of the fee depending on the hours worked for the client within the given month.