Family attorneys provide sensitive legal assistance on issues like divorce and adoption for their clients, explaining complex concepts to clients while creating legal documents such as trusts or prenuptial agreements. They must possess exceptional research abilities.
Start off a career in family law right by earning a four-year undergraduate degree related to your desired field of law.
Family Law
People typically think of family law in terms of divorce and child custody; however, this field covers much more than these issues alone – it also encompasses sensitive matters affecting daily life such as restraining orders and adoptions.
Family lawyers are available both privately and through government agencies, offering their expertise in areas like mediation or collaborative law as well as complex litigation in courtroom settings.
Family lawyers must possess an in-depth knowledge of both state and federal law as it applies to everyday life, as well as strong interpersonal skills to work effectively with clients during an emotionally charged period of their lives. Family law attorneys find great satisfaction helping families through some of life’s toughest moments – divorce cases can often prove especially trying for all parties involved.
Divorce
Divorce can be an emotionally exhausting experience. Working with a Werribee family lawyer will help make the process less painful while protecting your rights during this challenging period.
Most divorce cases are settled through mediation, in which a neutral third-party assists both sides to reach an agreement. Mediation services may be provided by the court or hired independently by either party; some states mandate mediation while others recommend it for certain cases.
If you and your spouse cannot reach an agreement on all issues related to your case, such as custody and parenting time arrangements, alimony payments, property division and any other vital considerations, then a judge will make their own ruling on them. This could involve issues like custody/parenting time arrangements, alimony payments and property division – among many others.
Divorce or dissolution may be initiated for numerous reasons, including irreconcilable differences, separation, adultery, desertion or extreme cruelty. A court may grant a divorce due to insanity or conviction of crime as well. When considering divorce in Werribee family lawyers are often the better choice.
Property Settlements
Property settlement refers to the process of dividing up assets and debts of couples either through agreement or court order, typically similar to divorce proceedings; but additionally can include considerations such as maintenance (also referred to as alimony).
Most states operate under a presumption that property acquired during a marriage belongs to both partners equally, although this can be altered if proof can be presented that was purchased separately and intended as such by either of them. A court will make decisions that are fair and equitable in light of all relevant facts.
Courts may void property settlements on grounds of mistake, fraud or undue influence. Mistakes occur when one spouse does not disclose all assets legally theirs and fraudulent or undue influence occurs when one party attempts to manipulate or mislead another to gain advantage in proceedings.
Wills
Wills are documents that outline your final wishes regarding the distribution of assets and property upon your death, making an estate plan essential for all, regardless of status or wealth.
Though you may think you know exactly what should go into a will, working with a Werribee family lawyer ensures it will be worded correctly and in line with state laws. There are various types of wills, with testamentary wills being the most commonly used type. This written document must be signed before witnesses.
Other types of wills, such as joint wills or holographic wills, do not meet legal requirements in most states and are frequently discouraged by lawyers. Even if you have created trusts for some assets in your portfolio, having a will is essential in order to identify beneficiaries for those that don’t yet have designated recipients and provide any related special instructions.