What Do Family Lawyers Do?
Family lawyers are professionals that assist families in a variety of legal issues and disputes that may arise. The area of family law is very broad and can include cases such as divorce, custody, support, property, support variation, spousal support, child protection cases, adoption, guardianship and such things as applications against family violence. Family lawyers can also prepare a number of standard documents including separation agreements and contracts, prenuptial agreements, simple wills , simple powers of attorney and grants of guardianship.
Family lawyers are also becoming involved in more collaborative forms of problem solving for family law disputes. Many family lawyers have expertise in negotiation and mediation techniques. Family lawyers are also getting involved in newer collaborative processes where all parties including the lawyers agree to contract out of the traditional aspects of litigation and to focus on problem solving in a way that is cost effective. This is a unique way of practicing family law that involves the parties with the use of other professional people such as accountants or psychologists. These also popular options for resolving the issues that arise in family law disputes.
When Do Family Lawyers Go To Court?
For a variety of reasons, family lawyers sometimes do go to court even if they spend most of their time working on divorce, palimony claims, custody, alimony, property distribution, and other family-related matters in a non-litigation environment. Family lawyers go to court when some of the issues described above cannot be resolved by agreement between their clients and their former spouses or partners. Oftentimes, for any number of reasons, there is no way to get around a contested litigated trial in which no one wants the case to settle for various reasons.
When parties cannot agree on issues, or when there is no basis for an amicable settlement, often the only way for a family lawyer to resolve the pending issues is to file legal proceedings in court and eventually litigate the issues in front of a judge.
In a contentious divorce or child custody proceeding, a family lawyer will file a complaint seeking a divorce or a motion to resolve custody issues. Not every relationship ends amicably nor should there be any expectation that the parties may be willing, or able, to negotiate a resolution to the matter simply because it is a family law issue. Some matters require a judicial resolution. That is when family lawyers go to court.
Family lawyers come to understand their client’s needs, interests and positions so that when a courtroom battle breaks out, they are prepared to provide their clients with the proper representation that they deserve.
Family Law Cases Resolved Outside of Court
Family law attorneys frequently negotiate settlements through mediation and other avenues that take them outside the courts. While there is certainly a time and place for going to court, a good family law attorney is going to explore all settlement options before heading down the litigation road.
The standard model of practicing law does not require either party in the divorce process to ever walk through the doors of a courtroom. We have found that most of our cases are settled through mediation or through an agreed order. I am happy to say that this is how 90 – 95% of our cases are handled. This means that any case that does not require a court setup to resolve issues is settled without going through the judicial process. Divorce, child support, post divorce, separate maintenance and custody cases and even some paternity cases have been handled through a negotiated settlement without the need for court intervention.
The first avenue, known as mediation, is a fairly common practice in the legal field. However, mediation is not the only way that family lawyers can work to settle their cases outside the courtroom. Others include having an agreed order drafted and signed under oath thereby avoiding a judicial determination. This process can be used to enter a Judgment of Divorce or a Judgment of Paternity; modifying a Judgment for Divorce or Custody; or settling disputes between parties that have had no prior relationship to the court. A simple written agreement will not suffice since the parties must testify as to the accuracy of the contents of the Judgment of Divorce or Custody. Media is also conducted by most judges to settle contested issues. In fact, mediation is highly encouraged by the courts, but there is no requirement that the parties, or the attorneys, go to mediation. As with any other aspect of the law, we would be remiss if we told you that it was required.
Benefits of Resolving Family Law Issues Without Going to Court
There are many good reasons to consider settling family law cases out of court. One of the most important advantages of settlement is that it saves family litigants a great deal of time and money. Family law cases involve highly emotional issues and proceedings consume more than just financial resources. The expense of litigation, including delays and stress, contribute to emotional challenges that affect not only the litigants but as well children and extended family members. The settlement of a family law case outside of court takes much less time and provides litigants with peace of mind. Family lawyers at the Law Firm of LaGarde Law offer mediation services to resolve family law matters in a confidential setting that emphasizes collaboration over confrontation. We have offices in San Antonio and Houston, Texas and provide our legal services at affordable rates.
Choosing the Right Family Lawyer for Representation in Court
When selecting a family lawyer who will represent you in court, there are several factors to keep in mind. You should first assess your comfort level with going to court. Some individuals feel comfortable with that environment, while others do not. You should also assess the temperament of the specific attorney you are considering hiring. You should ask whether the attorney practices frequently in your local area, and how they typically proceed when litigating cases. For example , does the attorney try to resolve the case before trial, or does she believe that the case is best resolved by going to a judge? In addition, having a family law attorney with years of courtroom experience can work to your benefit, especially if your spouse has a litigious personality or is more comfortable in court. Furthermore, if your case ends up litigating, it is important that your attorney is comfortable in that setting.
The Court Process in Family Law
The court process for family law cases usually involves first filing the appropriate pleadings to begin your case. Followed by serving the other side with those pleadings, and obtaining proof of service. Obtaining proper service will be important later when you get to the trial phase of your case.
Once the Complaint for Divorce has been filed, it is typically served upon the defendant, forcing them to respond to the action within 30 days. Foreign Service, or service out of state requires a longer response time.
After the Defendants respond to the Complaint, there is often a discovery period, where a person’s financial records and other documents could be accessed by the other party and by the Court through the use of a court order. This often allows parties to verify the assets and debts of the other spouse particularly for spousal support purposes as well as child support. Specifically clients can obtain documents from their spouse from the following sources:
After discovery is completed, there is often a conference with yourself, the attorney and the judge, during which a settlement can be negotiated. If no settlement is reached, then a hearing will be set before the judge.
Helpful Tips for How to Prepare to Go to Court With a Family Lawyer
When going to court with a family lawyer there are some steps you should take to prep for your appearance. Be sure you have the following documents with you at your hearing with your family lawyer: You will also want to cultivate a strong sense courtroom etiquette. Make sure you understand when to address the judge (and when not to) as well as how to gauge the appropriate volume when speaking. Ask your family lawyer to provide you with a step-by-step rundown of what to expect in court and sit in on other cases in the courthouse for a final bit of practice. If you feel nervous about the upcoming hearing , consider traveling to the court site in advance to familiarize yourself with the physical layout. Whenever possible, try to arrive early to ensure that you have time to review your notes with your family lawyer before the hearing.