As long as human nature persists, conflict will exist. Disputes can amplify when such issues arise from familial structures. The necessity of this field proves itself not only through common sense but through statistics. The Bureau of Labor Statistics (2016), determined the job outlook for the next decade rises nine percent and the current median income is $118,160 per year.
This valuable field covers a wide array of cases and clients that this paper will define and explore. There are many branches of family law and the list of specialties is long. Due to the wide array of areas, this paper will discuss the three most common facets of family law, focusing on divorce courts.
Family law aids manage domestic conflict in a legal context. The main proponents of a family lawyer’s span of duty are divorce, LGBT marriage rights, alimony, child support (which differs from alimony) and custody. Family law also covers parental aspects such as adoption cases, parental visitation and paternity questions, child neglect and domestic and child abuse (Schrader, 2014).
Schrader notes the field is ever growing and changing as new issues arise such as LGBT marriage legalization and the growing divorce rate (Schrader, 2014). One can infer the current prospective family law students attend law school at a good time as their clientele base is growing. Also, these evolutions warrant the need for new legal education and habits.
Each of the aforementioned fields have worth in the legal system, but not all are common cases taken on by family law attorneys. The three most common specialties are divorce, child support and custody. (Schading, 2017). These are emotionally charged and challenging cases.
Not only do attorneys need to follow a procedure in accordance with the law, an already complex task, their actions potentially decide the fate of families. Clients invest much time and emotion into these cases and if the court decision contradicts their hopes, clients can be devastated in a way, say, civil courts do not typically see.
Divorce law epitomizes the complexity and emotional nature of family law and it encompasses many of the smaller branches. When a parental unit obtains a divorce, that divide can incite other cases such as equitable division of property, child custody and support and paternity. A preliminary step in a divorce case includes inquiring the client about the existence of a prenuptial agreement.
A premarital agreement is a contract made between two individuals before marriage that prematurely allots property in the event of a divorce (Klasing, 2016). This agreement can help alleviate the stress of dividing property post-divorce. This will save time for all involved parties and hopefully make the divorce more courteous. Klasing (2016) says this cautionary action is especially important is there is a major difference in spousal finances, if only one party works or if inheritance is on the horizon.
The next step is deciding whether or not you want to involve counsel in your divorce, or would like to handle it Pro se, or obtain a lawyer who will provide limited task and allow the client to handle others (Reid, 2002). There are pros and cons to each avenue.
If the divorce is amicable and both parties are proficient in terms of legal paperwork, pro se is an option. If the parties are apt to argue or do not have experience with legal contracts, a lawyer is advised. In any case, legal counsel is preferred at the minimum to check the client’s paperwork.
Once the client obtains counsel, there is a multitude of steps to take in order to finalize the divorce. The client needs to create a Separation Agreement (Reid, 2002). The Separation Agreement places values on the property and the clients, in an uncontested divorce, agree on custody and financial support (Izzi, 2015). Lawyers can aid in an equitable division of property, estimating each party’s (the person and assets) worth and what a fair custody split would be.
If this agreement is not filed in court, it can still be legally enforced through the medium of lawsuits, in which a lawyer would need to be present (Izzi, 2015). If issues arise in negotiations, it is the duty of the lawyer to provide evidence or justification for the value of the property—for example, the question of a business’ worth (Reid, 2002). Then, custody, child support alimony and property are decided and a judge rules on the divorce (Reid, 2002).
As stated earlier, child support and custody are two other main proponents of family law. The gravity of these matters makes these cases reappear post-divorce settlement as separate cases. As parent’s situations change, they may need to petition their ex-spouse or courts for an alternative deal. The process of the final step in divorce includes a law clerk authorizing that all documents.
Then, if an agreement was reached, the judge can sign off on the divorce and thusly making it legal. If an agreement was not reached outside the court, then the judge makes a ruling and decides how the “loose ends” of the case are to be resolved. Afterwards, the law clerk updates the public records to include this divorce (Reid, 2002).
Divorce is possible without attorney involvement. But their resources, including connections with accountants, and knowledge of how the courts system work make them valuable assets. This worth only increases in divorce scenarios in which the two parties cannot complete the process calmly. Lawyers are mediators both between the client and their ex-spouse and the client in relation to the judiciary system. A family attorney, therefore, is highly recommended in both amicable and heated divorces.