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How a divorce, child custody and child support attorney can help you

How a lawyer can help ...

Do you need a family law attorney to assist you with a divorce, child custody or support matter? If you are facing a nasty and bitter legal separation or divorce with children, assets and/or business interests (joint or otherwise), you will need advice and help from a family lawyer.

A family law attorney can help…

  1. Assess your legal situation. An experienced family law attorney can help you assess your legal situation and provide the following services:
    • Help you sort through and present your personal goals for the division of assets, living arrangements and child support and custody issues.
    • Either file, or help you file, the appropriate papers for a divorce in your state. If you are legally separated and your state permits, your attorney can help you seek a court ruling on alimony and child support.
    • Advise you on potential problems relating to assets, shared debts, bankruptcy, alimony, custody, support, pensions, IRAs, 401ks, social security benefits, tax ramifications, possible abandonment issues (for example, when one spouse moves out of the family home), etc.
    • Help determine if your soon-to-be spouse or soon-to-be ex has concealed assets.
    In other types of family legal matters, it is much safer to have an attorney:
    • Draft a pre-nuptial agreement to protect your personal assets in the event of divorce or death. -
    • Help in the adoption of a child to protect against possible future claims from the birth mother, father or their relatives.
    • Help you protect your rights in connection with artificial insemination, either as a donor or as a custodial parent.
    • Protect your children’s rights to public education and benefits – including special education services.
    • Defend against the termination of your parental rights or to obtain the termination of another’s parental rights.
  2. Provide legal coaching. If you are representing yourself, consider finding an attorney to act as your legal coach. For a modest sum, a lawyer experienced in family law can be both (1) a consultant--to help you understand the law applicable to your individual problem, give you the pluses and minuses of your situation, guide you through the correct legal customs and procedures in your community, customize your legal papers, and act as a sounding board, or (2) a representative --to later take over as circumstances arise.
  3. Use knowledge of local court customs and practices to your advantage. An experienced family lawyer knows the local court rules and procedures and the personal preferences and inclinations of the judges. Knowing this, the attorney will endeavor to maneuver your case before the judge who is most likely to give you a favorable ruling.
  4. Negotiate. If your family law matter involves negotiations, and negotiating is not your strong suit, get legal help. Negotiating complex issues on your own puts you at risk of agreeing to terms in which you give away too many rights or agree to conditions that are unenforceable.
  5. Represent you in court. If your family matter becomes complicated or contentious and now needs to be resolved by a judge, a family law attorney is critical, especially if the other side has one. A lawyer’s trial experience and guidance can make a big difference in how your case is presented and ultimately decided.