Everyone knows you have a much better chance of solving your family law problems with the help of an experienced family law or divorce lawyer.
In fact, the sooner you hire a family law or divorce lawyer, the sooner you can start on the road to solving your family law issues.
But I know you must be wondering exactly what does a family law lawyer do to help you in your separation, divorce or family law case?
Just picture this scene: You are holding a written separation agreement in your hands that your former spouse has actually signed. Do you know what this really means? It means that the critical issues of child custody and access, child support, spousal support, and your property issues are settled in your case. Read my important article on how to get a solid separation agreement to solve your family law issues.
Or you might face this situation: You are engaged in a court battle with your former spouse. However, after several court appearances and considering the recommendations of a family court judge, you settle your legal issues once and for all. Your frustrating and difficult court experience finally comes to an end. Get critical advice right here by reading my article on family court.
How do most spouses achieve one of these positive results in their separation or divorce: a solid written separation agreement or a reasonable written settlement reached between the parties during the court process?
You don’t realize it but in the next few minutes you’re going to discover how an experienced family law lawyer can help solve your family law problems by carefully listening to you about your situation and your goals in your separation or divorce and creating a well-crafted plan to accomplish these goals.
Here’s a fact for you: Any spouse getting separated or divorced can move closer and closer to a final settlement of their family law issues when he or she has the help of a respected divorce lawyer.
How does this process of solving your family law issues start?
It starts with your initial consultation with a family law lawyer.
A good family lawyer will warmly welcome you to their office.
Your lawyer will then ask you what is happening in your situation. He will carefully listen to what has been occurring in your life.
He makes sure he collects critical information about your situation:
He will ask you about who has been the primary caregiver for your children. In other words, he wants to know who regularly takes your children to school. Which parent takes the children for medical and dental appointments? Who arranges and attends the children’s sports activities?
If you and your spouse already have separate residences, do you have the children’s living arrangements already established? If the children live more with one parent than the other, how much time or access does the other parent have with your children?
Get critical information on how to work with a good family lawyer right here.
After your lawyer learns about your specific situation, your homelife, your children and your goals, he will give you specific advice on how to achieve these goals.
In fact, your lawyer will have one of the most important discussions with you during your initial consultation: the decision whether you should try to negotiate a separation agreement with your former spouse or go to court to deal with your family law issues.
How does your lawyer advise you on this important issue?
Your lawyer must find out whether there are any critical issues in your case about which you and your spouse strongly disagree. For example, does your former spouse want your children half of the time when he has not been involved in their lives in any meaningful way? In this example, it is unlikely your former spouse will agree to a separation agreement in which you have custody of the children and your children live with you on a full-time basis while your former spouse only has the children every second weekend from Friday night to Sunday night.
Put another way, your lawyer will generally recommend you negotiate a separation agreement with your spouse when your spouse takes a reasonable position on the important issues in your case. If your spouse is very difficult and will not negotiate in good faith, you probably will not get a fair and reasonable separation agreement with your spouse.
If there is little likelihood you can get a solid separation agreement with your spouse, your lawyer will recommend that you go to family court.
What can you accomplish in family court? A judge can make orders required to solve your family law issues, such as child custody and access.
A judge can make these orders regardless whether your difficult or unreasonable spouse agrees with these orders.
But here is something really important to keep in mind: You can often settle your separation or divorce issues in court.
What does this mean? The family court judge in your case will often make very useful recommendations that help you settle your case.
Your lawyer will discuss the judge’s recommendations with you in court and then discuss these recommendations with your former spouse or your former spouse’s lawyer. The two lawyers will then negotiate a settlement in court based on the judge’s recommendations. You and your former spouse have to approve the settlement by signing the settlement paperwork.
Are you beginning to see what a family lawyer does to help solve your family law problems?
Now before we get too far ahead of ourselves, there are some other critical things you must know before your lawyer tries to negotiate a separation agreement or takes your case to family court on your behalf.
Your lawyer will give you a list of critical documents he needs to assess your financial situation in your case. He will need your last three years’ income tax returns and notices of assessment. He will also want a recent paystub that shows your year-to-date income.
Your lawyer will also contact your spouse or their lawyer to request that your spouse produce critical financial documents as well, including your spouse’s recent income tax returns and notices of assessment.
Your lawyer will need to get supporting documents from you that set out the actual value of your assets, such as your bank accounts and investment statements.
Your spouse must also provide these key documents.
If you and your lawyer believe you can negotiate a separation agreement with your spouse, your lawyer will prepare a draft separation agreement for your careful review. Your lawyer will only prepare this important document after he has diligently studied the financial information and documents you and your spouse have provided to him.
Your spouse will send the draft separation agreement to you before setting up a meeting to review the separation agreement with you. Your job is to carefully review the document and mark down any changes or revisions to this document.
After you have reviewed the separation agreement, your lawyer will meet with you to discuss the details of the agreement. He will advise about the consequences of any changes to the agreement. You and your lawyer will work on the separation agreement to make any changes to protect your rights and settle your legal issues.
Here is something to keep in mind: your spouse will probably request some changes to the proposed separation agreement after your lawyer has sent it to them. This is part of the normal “back and forth” of negotiating a separation agreement.
After a bit of back and forth about the terms of the agreement, your lawyer will likely get you a reasonable and fair separation agreement.
When you get a signed separation agreement, you will not face a court battle with your spouse about the key issues in your case, such as custody of your children and spousal support
How would a signed separation agreement that protects your family law rights improve your life? Significantly, I think. Don’t you agree?
As you keep reading this article, you are feeling less and less anxious about what a family lawyer can actually do for you.
If you and your lawyer decide that you must go to court to solve your family law issues, your lawyer will draft your court application and your financial statement. These are your critical court documents that serve as the foundation of your family court case.
After your lawyer has prepared your court documents, you will review these documents at a one-on-one meeting with your lawyer. You will make any necessary changes to your documents. When you have approved your court documents, your lawyer will arrange to have your documents filed in the courthouse and served on your spouse.
Your spouse will have 30 days to respond to your documents with their own court documents called an Answer and a financial statement.
Since you’re still here, I’m going to assume you can see the true value of using an experienced family law or divorce lawyer to solve your family law issues.
Just imagine trying to solve difficult child custody and access issues without the assistance of an accomplished family lawyer.For example, I know you’re thinking about the serious problems you can easily face trying to get a solid parenting plan that works for you and your children.
Picture your family lawyer working hard to learn about your own family situation and the roles that each parent has in your children’s lives. Your lawyer must take the time to truly understand the details of your life and the lives of your children. How can he help you set up a good parenting plan if he does not understand these key facts in your situation?
Here’s the bottom-line: Your family lawyer’s real job is to work from day one to solve your separation, divorce or family court issues to settle these issues with a written agreement.
Your lawyer should be discussing how to settle your issues with you on a regular basis.
However, you must remember this important point: Your separation agreement or written settlement in court must protect your family law rights. Your settlement must make sense for you and your children.
The specific details in your written agreement required to protect your family law rights depend on the particular facts of your case. Your lawyer must tailor the details of your agreement to the facts of your situation.
In just a short while, you can easily solve your family law problems with the assistance of a respected family law and divorce lawyer.
In any case, you now have a much better sense of exactly what a good family lawyer can do to solve your legal issues.
More importantly, you will find it much easier to work with your family lawyer to settle your issues since you now know what your family lawyer does to solve your legal issues and protect your rights.
But before I forget, here are some other important tips that will help you and your lawyer to work effectively together to solve your family law issues:
Imagine, for a moment, that it’s several months from today and your separation, divorce or family court case is settled. It’s a great feeling to finally solve your family law issues and move on with your life, isn’t it?
Start reaping the benefits of hiring an experienced family lawyer today to solve your legal issues. Don’t waste another moment.
It’s time you gave Thomas O’Malley, a respected family lawyer, a call at (905) 434-8837 to solve your family law issues. Call now. Your future is too valuable to risk!