Family law attorneys handle much more than just divorce cases, but do they offer the services that I am looking for?
The first line of Anna Karenina famously declares that, while all happy families are similar insofar as they are happy, “all unhappy families are unhappy in their own way.” Such is the case with divorce cases, will disputes, and other family legal matters. No one ties the knot thinking that they’ll need to cut things off someday, or talks things over with family members thinking that the resulting dispute will wind up in court. Every divorce and family case is different and needs to be approached as such.
That said, while each case is unique, certain trends exist which can give context to a family law firm or divorce attorney in order to help them – and you – better classify your case, determine where you stand, and decide where you wish to go from here.
1. Divorce Cases
Anna Karenina is just one of countless examples of extramarital affairs in fiction. The reality, however, is that these kinds of cases can be notoriously difficult to work through given the sensitivity of the subject and the complexity of the personal and legal entanglements involved.
Furthermore, while an affair is perhaps the most sensational, there are any number of reasons why couples may file for divorce. One of the most common misconceptions about divorce is that it represents some kind of moral or marital “failure” on the part of the divorcing pair. Some marital situations can grow toxic over time, and sometimes two people simply grow apart. In either case, the best thing for one or both parties may genuinely be to terminate the marriage and make a new start.
A good divorce lawyer helps their clients do just that. They are first and foremost concerned with the well-being of their clients, and work to secure them the best divorce possible based on their particular situation. What is more, in contrast to the common depiction of divorce lawyers as “sharks,” they oftentimes work to try and secure the most amicable terms of separation for both parties, as this is often the most beneficial course for all involved.
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2. Prenuptial Agreements
A particularly sensitive topic in divorce and family law can be prenuptial agreements. More than a third of marriages in America end in divorce. While couples exchanging vows love each other as much as ever, they are understandably more concerned about the financial consequences of a marriage gone sour. Prenuptial agreements can be a useful tool to guard yourself against losing significant amounts of money in divorce settlements by clearly delineating each party’s financial situation and protecting one another’s assets in the event of a separation.
A divorce attorney who specializes in this aspect of family and divorce law understands the complexities of the legal side as well as the sensitivities involved on the human side. They work to balance these and ensure that you and your spouse know where you stand financially and are able to more easily separate your assets in the event that the worst should happen.
3. Child Custody Battles
Few cases in family law are more difficult than those that involve children. No matter the disputes which may arise between adults, we all want what’s best for our children. However, when we disagree on “what’s best” for the children, it can lead to even greater personal acrimony and legal disputes.
If you find yourself at the center of a child custody battle, a good child custody lawyer can help ensure that you retain visitation and custody rights.
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4. Child Support
Just because parties can leave a marriage does not mean they can or should leave behind their obligations to the life they helped create. The cost of raising a child raises every year. Child support is thus a vital part of the family law legal system that ensures that single parents have the financial resources necessary to raise children, holding exes responsible and ensuring that they contribute to the child’s wellbeing.
Unfortunately, there are those who would place their priorities and financial wellbeing ahead of that of their children. Divorce lawyers specializing in child support fight to hold these parties to account, taking them to court on behalf of their clients and working to ensure that the proper dues are paid. Learn more about child support in NC here:
www.erinerussell.com/child-support 5. Will Drafting and Disputation
Ideally, wills and testaments are designed to prevent and alleviate confusion in the event of a death in the family, an inheritance, or another incident in which a significant amount of property, finances, or legal controlling interests change hands. However, a vague will or conflicting wills can sometimes be worse than no will at all, touching off a firestorm of controversy and legal battles which, as in Dickens’ Bleak House, can keep parties bitterly engaged in courtroom drama for years to come.
Experts in family law who specialize in will drafting and disputation try to avoid all of that. In the first place, they can draft wills which are clear, airtight, and binding, ensuring that there is no confusion about their contents, intent, or implications. In the event that things are already too far gone, they can help clients who have been wrongfully excluded from a will or who believe that the will in question is dubious at best. Conflicting wills or wills drafted when the signatory was not in their proper state of mind can be grounds for contesting its validity.
6. Estate Management
An estate represents the sum of your financial and property-based assets, but even more than that, it represents a legacy you can leave to your family. In short, when properly managed, an estate can be something that prospers and flourishes throughout your lifetime and that of your descendants. Experts in family law with a specialization in estate management can ensure that your estate is executed in such a way as to benefit the family as a whole and that any binding agreements laid out in wills are respected. They can also help set up trust funds and similar legal means by which to secure money left by clients for their children or grandchildren.
Every familial, marital, and personal legal matter is unique, and the best divorce and family law attorneys always give their clients situation the perspective and attention they deserve.