Family court lawyers assist clients in a wide range of cases and are familiar with state and federal family laws. Despite the fact that family court lawyers can help clients resolve family disputes outside of court, some cases do end up in court proceedings.
Family court lawyers are uniquely prepared to assist litigants in seeking justice in this situation. These lawyers deal with similar types of cases on a daily basis, so they have the legal expertise and experience to help complainants navigate the difficult jungles of family law and ensure that justice is served effectively.
To know more about family court lawyers and litigation, we’ve prepared this article for our readers.
Family Law Litigation
Family law litigation is the process of resolving conflicts between divorcing couples and the difficulties that can arise as a result of a divorce. In the context of marital breakdowns and divorces, these forms of legal actions frequently result in highly charged emotions and vulnerable parties.
It is based on the adversarial trial system utilised in Australia’s legal system, in which two parties compete in court. They both want the same thing: to win the case with their family court lawyers. The judge makes the final decision in this case, which is legally binding.
There are numerous reasons why couples going through a divorce would opt to go to court. Some of these factors could be:
- Assists in the resolution of situations needing immediate action, such as obtaining an injunction to keep a person from dealing with an asset or from traveling overseas with a child.
- Allows the parties to reach an agreement that is in the best interests of the children.
- Based on precedents and data, a variety of results could be obtained. If the Court rules in favor of one of the disputing parties, this may provide some hope for a better conclusion.
- If there are any flaws in the Court’s ruling, couples have the right to appeal it with family court lawyers.
- The end result is a legally enforceable document that can aid in the finalisation of discussions. If the other party fails to follow through on the agreed-upon outcome, major consequences may result.
Types Of Claims That Family Court Lawyers Handle
Family courts, as previously said, consider matters affecting families and family law. Because family law courts are limited by state and municipal legislation, the types of claims they can hear differ depending on where they are located. Most family law courts will hear the following categories of claims in general:
Marriages and Civil Unions
Similar to family law, marriage and civil unions have their own set of norms. When there is a problem with a marriage license or a disagreement over a prenuptial or postnuptial agreement, family court lawyers may step in and help.
Divorce and Legal Separation
Family courts are not available in every state to resolve divorce and legal separation cases. In states that have family courts, the court will usually decide how to:
- Divide property;
- Distribute assets;
- Determine spousal or child support payments; and
- Insist on the couple entering mediation.
Child Custody and Visitation Rights
There are two sorts of custody for children: legal and physical custody. Legal custody refers to the right to make critical decisions concerning a child, whereas physical custody refers to the child’s geographical location. These arrangements can be decided with family court lawyers.
In family law, visitation rights are the rights provided by a court to a parent or other relative who has been denied custody of a child to see the child on a regular basis. The court determines the specifics of visitation privileges.
Child support covers a child’s basic needs, such as food, healthcare, and education. Based on specific state law elements, family court lawyers assist in determining and settling these child support payments.
Spousal support is money paid by one spouse to the other. A spouse can request spousal maintenance from a family law court. The family law court can then grant or deny it, determine the appropriate amount (if granted), and alter or terminate it in the future.
Adoption is a procedure in which an adult aspires to become the legal parent of a child or another adult. Adoptions require judicial approval regardless of the course taken by the adult who is adopting. This can be done in a variety of ways, but the most popular are:
- Private agencies;
- Government agencies; and
- Independent adoptions, such as when a stepparent or co-parent wishes to adopt their partner’s child.
A person’s name can be lawfully changed under the Constitution. The following are the most typical reasons for a person to change their name:
- Harassment or stalking victims;
- They have lost touch with their birth name
- When a child is adopted or a parent remarries and wants their child to bear their surname;
Anyone who wants to legally alter their name must petition a court and receive approval, regardless of the reason.
These types of cases are fact-specific, with state laws having a significant impact on the outcome. Despite the fact that some aspects of a domestic abuse claim must be addressed by a criminal law court, most family courts hear domestic violence cases and are frequently the starting point. A family law court can:
- Make a protective order against domestic violence;
- Issue a restraining order; and
- Grant a divorce.
The preceding overview barely scratches the surface of the major concerns that family law courts deal with. A family law court can, however, undertake a variety of additional things, some of which are state-specific.
JB Solicitors’ Family Court Lawyers
Litigation may be required to get a process that some couples simply must pursue, and it may not be possible to avoid. Litigation is about getting a fair and equitable result for the parties involved, whether it’s in the best interests of the children or for financial reasons.
In these types of cases, a lawyer’s responsibility is to empower and encourage their client during these challenging negotiations. JB Solicitors team of experienced solicitors are family law professionals with decades of expertise to help and provide market-leading advice on your specific family law case.
Make an enquiry with our family-friendly team today