Family lawyer near me can provide invaluable help with all types of family law issues, such as divorce, child custody, alimony and property division. In addition, they can file legal paperwork on your behalf and represent you in court proceedings.
Family attorneys handle some of the most sensitive and emotive matters in society, with a responsibility to use their knowledge and experience for the greater good of their clients.
Divorce
Divorce is the legal process that ends marriages and can involve numerous issues like alimony, property division and child custody. Divorce attorneys can help their clients with these concerns as well as any family law concerns they might encounter during this process.
If a couple is unable to come to terms on these issues, their case will become contentious and ultimately go to trial before a judge. This can be expensive, time-consuming and stressful. An attorney may help reduce such stresses by offering alternative dispute resolution techniques like mediation or collaborative family law that help facilitate negotiations instead of going to trial.
Family lawyers can also be invaluable resources when it comes to issues of child custody and visitation arrangements for the benefit of all involved, and in particular their clients’ children. Furthermore, family lawyers can assist clients with child support payments that take into account both income and lifestyle factors as they determine an amount based on each parent’s income and standard of living.
Child custody
Parents undergoing divorce must decide what arrangements will best serve their children during this process, including custody, visitation and financial support arrangements. A family lawyer can be invaluable when making such decisions; additionally they may represent one parent when seeking to modify an existing order for child support payments.
Physical and legal child custody are two forms of child control: legal custody gives one parent the power to make major long-term decisions regarding medical treatment or education for their child; physical custody determines where a child resides and usually falls to one parent.
Courts typically prefer shared custody, though they may award full or partial physical and legal custody to either parent. A judge will assess factors like child health and safety, parent history, evidence of abuse or neglect and parental wishes before awarding physical custody to one party over the other. A sole custody arrangement may also be granted in cases of drug or alcohol abuse, domestic violence and child alienation.
Prenuptial agreements
Though many assume only wealthy spouses need prenuptial agreements, everyone can benefit from them. A prenup can set out how assets will be divided upon divorce or death to prevent lengthy and costly legal battles; an experienced lawyer can assist couples in creating this document while explaining state laws regarding property division. Aside from property division, prenups may also include setting forth support payments from one partner to the other and inheritance rights.
Prenuptial agreements provide legal safeguards that ensure separate property, like houses or family heirlooms, will remain the sole ownership of one spouse in case of divorce. They also address how any increase in value of such separate properties should be divided between both partners equitably. In order for these agreements to be binding and legally enforceable, it is crucial that both parties fully disclose all assets and liabilities prior to entering into an agreement.
Mediation
If your disagreement involves divorce or family law matters, mediation could be the ideal way to settle it. Mediation offers faster and cheaper resolution options than litigation while being more amicable for all involved.
Skilled melbourne family attorneys can be invaluable aids when it comes to mediation. Your lawyer will negotiate an acceptable agreement while simultaneously protecting your interests and handling any matters not included in it.
Prepare for mediation by considering possible outcomes to the dispute, including what are the most pressing issues and their relationship to larger concerns relevant to the case, whether or not you can compromise, and any possible compromise agreements that might exist between both parties. Getting enough rest prior to mediation will also help keep you calm and clear-headed during discussions.
