An Overview of Family Law Services
The different Family Law services available in Edmond, OK can be summed up in a few categories. These categories are Divorce, Child Custody, Adoption, and Alimony.
Divorce
Divorce is one of the services that a Family Law attorney can help you prepare for. Many individuals going through a divorce find themselves to be worried about a lot of other things after the divorce is settled. Such as whether their alimony payments will be fair, and what their visitation rights will be for their children. A good Family Law attorney will help you understand what will happen during the actual divorce process so you can avoid problems later.
Child Custody
Child custody is another service that a Family Law Attorney is needed for. Most parents going through a separation do not want to give up custody of their children. Depending on how long a parent has been the primary care giver to a child , this can cause serious problem down the road if the child becomes accustomed to living in a certain environment or home. Having a Family Law Attorney that understands your needs as both a parent and as an individual is required when dealing with child custody issues.
Adoption
Adoptions are another area where charity and the law often clash. A good Family Law attorney will help you work with your local adoption agency to establish the legal right to adopt a child. Some parents are hired as private companies to handle the adoption process, and others are private citizens looking to adopt a child. Such decisions should not be made without the guidance of an experienced attorney.
Alimony
Alimony has been a source of financial strife amongst couples since before time was recorded. Typically speaking, alimony is only awarded to the much lesser earning spouse in a divorce situation. Alimony can also be used in pre-nuptial agreements to reserve the higher earning spouse. However, a Family Law attorney understands that sometimes alimony and child support cases do not go as planned. Therefore, it’s always in your best interest to consult a Family Law Attorney.
Characteristics of an Excellent Family Law Attorney
In the search for the right family law attorney in Edmond, OK, you’ll want to keep an eye out for a number of essential qualities: First and foremost, there is experience. You want an attorney who knows the law inside and out, and understands how various factors could impact your case and the outcome your seeking. You don’t want to work with someone who is still trying to figure things out. This means an attorney with experience should be your top priority. But experience comes in many forms — including a knowledge of any particular profession that either you or your spouse are involved in. There are areas of law that can be specialized for your needs, and your Edmond family law attorney should know what is ideal depending on your situation. Along with experience, you should look for an attorney and firm that specializes in family law in Edmond. Those who handle a variety of different cases may not be as effective as a legal team with plenty of experience, as well as a focus on family law. Finally, client testimonials and reviews can go a long way toward helping you make the right choice. If a family law attorney in Edmond has plenty of happy, satisfied clients, you can imagine that they’ll be just as pleased with the results of working with that firm. Finding a family law attorney you can trust is about more than just references. Look at the Attorney General’s website for Oklahoma and find out if a prospective attorney has any disciplinary action pending.
Navigating Divorce Cases
In Oklahoma, once a divorce complaint has been filed, the court typically will issue a "scheduling order," which establishes rules for participants to follow. Even after these rules are in place, however, individuals may require counsel to ensure that they are protected and know all of their rights.
A divorce proceeding in Oklahoma includes various steps, from filing, to responding to the filing, to preparing for and going through a court hearing, to getting the final divorce order. A knowledgeable attorney can help clients through each step of the process. While an attorney is not required in order for a person to move forward and obtain the divorce, it can be extremely difficult for an individual to navigate each part of the legal process unequipped with the skills and resources provided by a qualified lawyer.
The divorce process in Oklahoma includes:
Filing the Divorce Complaint
When the spouse who wants a divorce files the paperwork, the court sets an automatic temporary injunction. The spouse then serves the other spouse ("respondent") with a summons and a copy of the divorce paperwork. The respondent then has 20 days to answer the complaint.
Responding to the Divorce Complaint
To respond to the complaint, the respondent files an answer, which may include a counterclaim asking the court to grant them a divorce. Respondents may file an answer with their own attorney or hire the same attorney who is representing the spouse who filed first.
Preparing for the Hearing
Parties go through a process called "discovery," which gives each party access to the other’s information about debts, property, parenting plans, etc. This may involve sending questions to the other party or reviewing documents like mortgage statements or pay stubs. Once each party has responded to the discovery requests, a judge will schedule a hearing.
Divorce Hearing
Close to the trial date, attorneys often make settlement recommendations that encourage the parties to negotiate an agreement before the court date. If the attorneys cannot reach an agreement or the parties still cannot come to a settlement, the judge accepts evidence and testimony from each party and decides all issues that could not be resolved in negotiation. Finally, at the end of the hearing, the judge makes a ruling on the divorce and how issues like custody, property division and child support will be handled.
Finalizing the Divorce
Once the judge has made a decision in the case and finalized the court order, a more detailed document is prepared. This document contains all provisions, including details about dividing property, determining custody, support and alimony. It will also include a notice of the right to appeal. Once parties sign the final order, they have 30 days to appeal.
Working with an Experienced Family Law Attorney
When it comes to getting a divorce, it’s always a good idea to consult with a skilled family law attorney. A lawyer can help you understand every step of the process and represent you throughout the duration of the case.
Issues and Considerations with Child Custody
Several aspects play into child custody cases. The law in Edmond, OK requires the court to consider whether either parent has engaged in domestic abuse or from any other sources that child abuse or domestic violence has occurred between the parents. Take into consideration the ability of each parent to provide their child with a safe and stable environment. The court looks at the ability of each parent to encourage the sharing of love and affection between the child and the other parent. The health and financial resources of each parent. The stability of the home where it is likely for the child to be living . The court will also look at the preference of the child if they are of an old enough age and are of mature enough mind to make that preference clear or be of any meaningful value to the decision-making process. Any reasonable factors that bear on the decisions for the best interest of the child.
The attorney that represents you in a custody case will help give you the best chance to have your position and requests considered by the court. Good attorneys are not just sales people. They know how the law applies to your case and will help pursue the outcome that is in your and your children’s best interests.
Significance of Having a Family Law Attorney
Entering the realm of family law matters is not a decision that should be made without careful consideration and planning. Where many people make the mistake is to assume their case will play out as they envision it – or that the issues they face will be relatively cut and dry. The problem then comes when these people are ill-prepared to handle the situation that arises, not just legally but financially and emotionally as well. From property division to child custody, alimony, or any other related concern, the decisions you reach in divorce drastically alter your life. You’re faced with the undeniable danger of never being able to change the agreement or rulings issued by the court after the fact.
That is why trying to go the DIY route on your family law matter is such a risky move. It might come perhaps out of a sense that you can save money by simply representing yourself, or out of a belief that the process is relatively straightforward. But with the risk of an outcome that might not just hurt you in the long run but leave you with no way to change it, it is worth your time and money to consult with an experienced lawyer.
When you try to represent yourself, you are leaving yourself at significant risk for failure. You are also increasing the stress level – a condition that can easily lead to decisions or behaviors later on that can increase the damage such as acting out of anger in ways that convince a judge you are unfit as a parent. You should rely on a divorce lawyer who has direct experience in the area of law you are facing. It is understandable to think that all attorneys are created equally, but the reality is that law is a massive field of specialties and what might be true for one area is not always true for another.
Where to Seek a Reliable Family Law Attorney
When seeking a trusted family law attorney in Edmond, OK, there are several steps you should follow to ensure a good match. First, begin by asking friends or family who live in the area if they can recommend an attorney or two. However, don’t commit to hiring an attorney based solely on a recommendation. Getting to know them through an initial consultation is key.
Second, spend some time researching local lawyers on the Internet. Many attorneys provide biographies or personal statements on their websites, and there may also be a photo of each attorney along with their location and contact information. Check for reviews on sites like Avvo, Facebook, and Google My Business, but remember that not all reviews are objective. Pay attention to any complaints made about inattentiveness to clients, or failures to keep clients informed on the status of their cases.
Third , consider checking the Better Business Bureau site. You’ll be able to see if there have been any complaints lodged against prospective attorneys in the past, and the status of those complaints.
Fourth, if you plan on scheduling an initial consultation, be sure to review each attorney’s consultation fee, if any. In most cases consultations are free of charge. If there is a fee, this is usually deducted from any future legal services the client chooses to use. Don’t let money become the only deciding factor when choosing an attorney, however. The adage "you get what you pay for" is very true in this field.
Finally, after you’ve met with the prospective attorney and gotten a feel for his or her personality and expertise, it’s time to make a final decision. If you decide to hire the attorney, there will usually be a retainer necessary before beginning services.