Family law deals with the rights and responsibilities of spouses, parents, children, and other family members. The law also governs how property is divided between spouses when there is a divorce or death of a spouse. Some family laws are specific to particular states, such as laws pertaining to child support, while others apply to all states, such as laws relating to protection orders.
Since family law is a complex area, the services of a family law come in handy. A family lawyer such as Nima Amiri is a legal professional specializing in assisting families in their areas of law. Family lawyers can assist individuals with divorce, child custody, visitation, adoption, property division, etc. They also may help individuals obtain protective orders against abusive partners.
Family lawyers help in the following areas;
In most states, the family lawyer is responsible for coming up with a plan for how to divide property and debts and make sure that both spouses are financially secure.
In some states, the lawyer will ensure that both parties are treated fairly during the divorce proceedings; this is known as “common law marriage.” In other states and some cases, only one spouse or partner must hire a lawyer if they want to get divorced.
Child Custody and Support
Divorce is stressful for everyone involved, but it can be especially difficult for children with no say in who their parents are or what happens to them after the divorce is finalized. Family lawyers are often involved in helping parents determine what’s best for their kids following a breakup, including whether or not they should live under one roof with their parents after an amicable split.
A family lawyer can help you adopt a child if one of the parents cannot care for them for their health or other reasons. This may include finding an adoptive parent who is willing to take on these children and ensuring that they have all the proper paperwork filed with local authorities by an attorney who specializes in adoption law cases
Property division and asset division
A family lawyer will determine the value of your assets and property. The value is determined by looking at comparable sales in your area or by using an appraisal if your home or car has sentimental value.
Once you have this information, it can be used to negotiate a fair settlement with your spouse or partner. If you have children, the lawyer can help with child support and other issues, such as spousal support or alimony payments to one spouse after divorce.
Alimony is a court-ordered payment to a spouse for support that may be awarded to the spouse of a divorcing partner. It may be awarded in addition to or in lieu of a financially equal division of marital property. Alimony can also be used to provide financial assistance for the spouse during and after the completion of the divorce proceedings.
Child abuse and domestic violence
Family lawyers can assist individuals who have experienced domestic violence or abuse by helping them obtain legal protection and representation in court. This can include obtaining restraining orders, also known as protective orders to prevent the abuser from having contact with the victim and representing the victim in court proceedings related to divorce, child custody, and other family law matters.
They can also help the victim navigate the legal system, understand their rights, and make informed decisions about their case. Some family lawyers may also have experience working with domestic violence and abuse victims and can provide additional resources and support.
Family law lawyers can help you resolve financial issues such as spousal support, alimony and child support if you have been separated from your spouse but not yet divorced. Family law lawyers also may be able to help you determine if your marital assets are separate property or community property and how they should be divided in a divorce.
The first step in a divorce is to ask for an annulment of the marriage. An annulment is a legal declaration that a marriage was never validly contracted. If you and your spouse signed a prenuptial agreement, or if there was fraud or misrepresentation, then the marriage may have been void from the beginning.
Prenuptial and postnuptial agreements
Prenuptial agreements (also known as premarital agreements) are legal contracts that two people enter before marriage. These agreements typically outline how assets and property will be divided in the event of a divorce or separation. They can also include provisions related to spousal support and other financial matters.
Postnuptial agreements, on the other hand, are similar to prenuptial agreements but are entered into after a couple is already married. They can be used to resolve financial disputes that may have arisen after the marriage or to clarify the terms of a prenuptial agreement.
Family lawyers can help couples draft, review, and negotiate prenuptial and postnuptial agreements. They can also assist in explaining the legal implications of such agreements and ensure they are fair and legally enforceable.
Grandparents’ rights and paternity
Grandparents’ rights refer to the legal rights of grandparents to have a relationship with their grandchildren, including the right to spend time with them and make decisions about their care. In some states, grandparents can seek court-ordered visitation rights if they can prove that it is in the child’s best interest. Family lawyers can assist grandparents in understanding their rights and navigating the legal process to seek court-ordered visitation.
Paternity refers to the legal determination of the father of a child. Paternity can be established through a voluntary acknowledgment of paternity or through genetic testing. Family lawyers can assist in establishing paternity and resolving any legal issues that may arise due to paternity, such as child custody, child support, or inheritance rights.
Family lawyers typically help with various legal issues related to families and domestic relationships. This can include divorce and legal separation, child custody and support, adoption, domestic violence and abuse, prenuptial and postnuptial agreements, and property division. They may also assist with issues related to grandparents’ rights, paternity, and other matters related to family law.