About 39 percent of all marriages in the United States will end in divorce. At the heart of these dissolutions are family lawyers, the professionals who work out divorce agreements and represent clients in family courts.
If you have a passion for helping other people and would love to work in the legal industry, you can become a good family lawyer.
But what are the educational and certification requirements for joining this profession?
Continue reading for a complete guide on how to become a family lawyer.
What Does a Family Lawyer Do?
Before fleshing out the qualification requirements, let’s go over the typical duties of a family lawyer.
You already know these professionals help clients navigate the divorce process, but that’s a quick summary of the job. Before a divorce is finalized, these lawyers will hold meeting with clients, investigate issues like domestic violence, gather witness statements, negotiate settlement agreements with the other party, file applications in the family court, and attend hearings.
When family lawyers aren’t helping couples split, they are bringing them together by creating pre-nuptial agreements. These professionals also help couples looking to adopt kids and they can also serve as mediators in marital disputes.
So, how do you become a family lawyer?
Join Law School and Pursue the Family Law Area of Concentration
The first step to becoming a family lawyer is to join a law school that’s accredited by the American Bar Association. To do this, you must pass the Law School Admission Test.
Once in law school, you’ll have the opportunity to choose a concentration in the second year of study.
As an aspiring family lawyer, you must major in family law. Some of the classes taught in this area of concentration include the formation and dissolution of marriage, women’s rights, dispute resolution, domestic violence law, and juvenile justice.
Upon graduation from law school, you’re ready for the next step.
Get a Licensed to Practice as a Family Lawyer in Your State
All states require lawyers to hold an active legal license in order to practice. As such, you must take and pass your state’s licensing or Bar Examination.
As part of the licensing requirements, your state’s Bar might examine your background (including criminal background, history of substance abuse, and academic misconduct) to establish whether you have the character to be a lawyer.
After meeting all the licensing requirements, you’ll be admitted to the bar. You’re now a family lawyer. You made it!
Find a Job
The last step in your quest to become a family lawyer is to find a job and put your expertise to practice.
You have a couple of options: Most starting family lawyers find employment in small law firms that specialize in family law. Others are hired by mid-size and large firms that have a family law practice, like this law firm.
You can also land a job in non-profit organizations that offer legal services to needy families and children.
Another alternative is to start your own small law firm. As long as you have the capital and the expertise to run a business, you can do it!
That’s How to Become a Family Lawyer
Family law is a rewarding area of law. You’ll earn a competitive salary doing what you love most; helping families.
With this guide on how to become a family lawyer, the path to your dreams is now well-lit. Your job is to take the first step.
Need more professional tips for legal professionals? Keep reading our blog!
A family lawyer deals with cases that surround familial and domestic issues. If you are dealing with matters such as domestic abuse, divorce, spousal support, child custody, and many more, having an attorney that specializes in dealing with these matters significantly increase the chances of you getting the best result out of a court case and preventing any financial or mental backsets.
If you think that you have met the love of your life and you don’t need to protect yourself legally, you are not alone. A competent family lawyer can help you to make some crucial decisions regarding prenuptial agreements, and how to distribute your assets to make sure that getting married is not the worst decision of your lifetime.
If you think you are betraying your loved one by getting a prenup, it might prove to be a comfort to know that these laws are designed to facilitate residents of a house and to resolve disputes in a professional manner.
So, let’s look at the benefits having a family lawyer will give you and your loved one.
Knowledge of Family Laws
Family laws vary with a country from state to state. The most obvious benefit of hiring a good family lawyer is that he is an expert in family laws and understand them. These attorneys are experienced in finding loopholes in cases and presenting your story in a better way in front of the judge that can make a major difference between winning and losing a case. If you are living in the Ontario region, you should get the services of someone like a Family Lawyer Toronto. Law firms like these only hire lawyers that are well versed in family laws in the Toronto region.
Unbiased View of the Case
Dealing with family issues can take its toll on a person. More often than not, emotional issues come into play due to which a person can miss out and ignore vital information that can be beneficial for your case.
These lawyers are above any emotional bonds and therefore can take the load of researching and finding valuable evidence off your chest.
A divorce or a child custody case affects the father and the mother on a mental and emotional level. This might lead to a lot of stress, and you might find yourself on the verge of collapse. These family lawyers have an experience of dealing with such matters and are therefore not only an expert in taking care of legal proceedings but can also provide you with a much needed emotional and moral support in case you need it.
Saves Time and Money
Family attorneys not only prove to save a lot of time, but they can save you a lot of money by resolving the matter as soon as possible. By eliminating the need for going to the court and finding out alternative solutions to the dispute, you will get precisely where you were looking for; a peace of mind.
Can Act a Counselor
A lot of times, families only need a 3rd party perspective and someone to intermediate as a counselor and a therapist. Good lawyering services hire lawyers that have some counselling experience so that the husband and wife understand the importance of each other and instead of making any rushed decisions, think things through.
You may have heard from a friend that you need to speak with a family law attorney. But what is a family law attorney?
If you’re anticipating some legal issues, you might be looking for help to make sure things turn out in your favor. Getting legal help may be the best thing you can do for your case.
Continue reading this article to learn what a family lawyer is and how they can help you.
The 411 on a Family Law Attorney
Don’t choose to take on the case yourself because you don’t understand the role of a family law attorney. If you represent yourself in court, you are likely to miss some of the best strategies to help you win your case. We’ll answer your questions so you understand the role of a family law attorney.
What is a Family Law Attorney?
A family lawyer is a lawyer that specializes in family law which includes but is not limited to divorce, custody cases and adoption. These attorneys work with families to help them understand the legal process and get the best outcome possible.
If you are trying to adopt, get a divorce, prove paternity or get more favorable child custody and support arrangements, this might be a good time to speak with a family law attorney for help.
How to Make Sure You Hire the Best Attorney
Once you determine that you’re going to hire an attorney, you need to make sure you pick the best one since your case depends upon it. Here are some tips that you can use to find the best attorney for you.
Before you even speak to an attorney, you should look them up online and check their reviews. If they have very bad reviews you shouldn’t even waste your time with them. If their reviews don’t give you enough data to make a decision, you’ll need to spend some additional time on the next recommendation.
Ask for References
After you speak to the attorney and you get a good feeling about them, you should ask them for references. If they are a good attorney, they won’t have any problem getting a couple of past clients to give them references.
Don’t Be Afraid to Ask Questions
When you’re speaking to an attorney you might want to hire, don’t be afraid to ask them any questions you have. Even if you think the question might sound dumb, you should still ask it.
Ask them about how long they’ve been practicing in your area. Ask if they will be the person you will be mainly dealing with and what you should do to make the case go as smoothly as possible.
Learn More About the Law & Your Rights
Now that you know more about hiring a family law attorney, why not learn more about legal issues? The more you know, the easier it will be to protect yourself from people that might want to take advantage of you.
Browse our site, find your favorite section, drop a bookmark and come back soon for more great reads.
Things have to be pretty serious for you to need to hire a family law attorney. We often choose attorneys because they are sympathetic, a good listener, or come with good recommendations. However, these traits aren’t enough, and some good traits in excess can be bad for your case. One of the worst mistakes you can make is choosing a bad attorney. Here are five signs of a bad family law attorney.
You want an attorney who listens to your case and sympathizes with your plight. However, it is a serious problem if the attorney is too empathetic.
After all, you don’t want a doctor who is so torn up at the sight of your pain they can’t help you. The same is true of your attorney. Don’t work with an attorney who calls your spouse names, uses inflammatory language or engages in other unprofessional behavior. Only work with an attorney who is objective about your case.
Good family lawyers will practice empathetic listening. Your attorney should outline the work you’ll need to do like produce documents, give depositions and review court documents.
An attorney may subtly indicate their poor opinion of you in other ways. It may be glancing at their watch repeatedly. It may be saying that you shouldn’t call them, they’ll call or email you when there is finally a reason to do so. In contrast, a good attorney will keep you updated on your case and educate you about what is going on.
An attorney who is too critical, whether of you or other attorneys, should be avoided. If they’re critical of other attorneys, this gets in the way of working with them. However, it isn’t unreasonable for an attorney to be critical of lying and cheating in a client. In fact, an attorney who overlooks bad behavior like this while making grand promises is probably going to take the case and run with it until you run out of money.
Sets Unrealistic Expectations
An attorney can give estimates. For example, it is reasonable to estimate how much you’ll have to pay in child support based on your income. The warning sign is the attorney who guarantees results. The attorney can share what percentage of cases they win and give a rough estimate of the odds they’ll win in your case. However, the outcomes are not certain and often not even clear. On the flip side, an attorney who won’t give you their opinion regarding the merits of your case or the possibility you’ll win is doing you a disservice.
Firms like Sue Wilson Family Law, for instance, will help you fight for the best outcome. This may be making your voice heard, settling the divorce fairly and quickly, adjusting child support and alimony or coming to an agreement on child custody.
Gives You a Hard Sale
The good attorney’s reputation and demeanor will make their case. This is why an attorney giving you a hard sale is a red flag.
Any attorney giving you unrealistic expectations and promising everything should also be taken as warnings. If they say they can get anything and everything you want, leave. An attorney who has to argue that they are qualified to take your case should be avoided.
No matter what you’re facing in family court, you can’t afford to hire a bad attorney. With a good one, the process will be as straightforward and painless as possible.
Everybody dreams of having their own homes and families when they grow up – it does not matter what the size, who the spouse, how many children or none at all, how many dogs, cats, or any kind of pet, each and every person has their own vision of how their future family would be like. Most people think that the very first step to having a happy family is owning their very own home, but that is not really the case. This is sad and unfortunate, but it is actually also a reality. There will be days that going back to your house does not necessarily mean going “home”. A house is different than a home. You can have a great house, all fixed up with the most beautiful decorations and the strongest structures, but that does not always equate to having a great home to go arrive to – a home that is peaceful, loving, supportive, and healthy. When this happens, it is not inevitable that there will be problems, disagreements, problems and non-cooperative members of the family. Should this happen, it is advisable that the members of the family affected get family law solicitors that would help everyone involved to settle in an amicable and fair manner.
Empathic Legal Counsel
With family law solicitors, you would not feel that you are talking to a law handbook. It will not cite legalities and technicalities to you without having to explain it in a way that you would empathize with or relate. Most family law solicitors have a sense of compassion toward their clients. Even though they give legal advices, they provide it at a level that their clients would understand – most especially the children involved. Because they have more empathy in the undertakings they do, peaceful settlements are highly achieved that need not be forwarded to a court for further expenses of not only money, but of course time as well. Do not be wary though that these solicitors be too empathic toward you, because they still have a code of conduct to uphold a solicitor thus maintaining a good balance between being a professional yet being someone you could easily approach.
Negotiation for the Common Good
With lawyers, they will fight and negotiate for the betterment of the party he or she is representing. Because each party is represented by their own lawyers with their own agendas, settlements would not be easily achieved because of the clashing wants and needs from both ends. For example, when a couple goes through a divorce and they each hire a lawyer of their own for their settlement, one spouse may opt to one-up each other with the negotiations. This will only be an on-going bantering and exchanges without a compromise. Not only will it waste so much time, but it will also cost a lot of money. And imagine if that couple had children, who would think of their benefit? With family law solicitors, you would be guaranteed that the best settlement for the common good of your family will be discussed and agreed with both parties having a win-win situation – most especially while giving priority to the well-being of the children.
Cost Efficient Based on Your Budget
Legal fees are expensive, especially if you are going through court proceedings or just merely seeking for legal advice on your current situation. Most lawyers have upfront charges and fixed rates that are so ludicrously high that you would lose a lot more if you are going through a divorce just by hiring them. There are legal service providers which have very flexible payment schemes when it comes to their family law solicitors services. It will cater primarily on your budget, how you are able to pay, and just when you avail of their services. Unlike with lawyers who may sometimes have fixed representation schedules, you can pay family law solicitors when you just need them or use their services. This again, highlights the highly empathic quality family law solicitors have, because it is evidently expensive to actually have a family and then to only go to court and fight for it – they understand it and they do not want to make things harder for you.
Support From Start to End
Going through any legal problems relating to the family is not easy. Whether if it is couples going through a divorce, single parents seeking financial claims from their estranged spouses, fighting for the custody of your children, seeking to gain help because of domestic violence, or even before having to start a family and be secured with pre-nuptial agreements – it is tough and overwhelming. When you choose the service of such solicitors, you would not be astounded with the decisions you have to make, or the settlements you want to pursue, because they will be with you every step of the way. After all, you do not have to go through such a tough time in your life alone.
Unfortunately, not all marriages work out. If you’re in this situation, then hiring a divorce attorney can help you navigate through this hard time.
Sadly, you aren’t alone. An estimated 40% to 50% of marriages in the United States fail.
This does mean that there will be a divorce lawyer out there who can help.
But how do you find the best one?
Follow the tips below to help with your search.
1. Know What Your Goals Are
What do you want to get out of your divorce?
A divorce is a tricky process. You’re going to be diving up money, assets, and potentially dealing with child custody.
You want to hire someone that knows how to help you achieve your goals. When talking with attorneys, ask about their past cases with situations similar to yours.
If you find someone with a good history of winning, then you increase your chance of a successful outcome.
2. Have a List of Questions
You shouldn’t go into the first meeting with an attorney without preparing. Have a list of questions prepared for them.
These questions should answer a few things:
- How am I billed?
- Do you specialize in divorce cases?
- Will you be the one working on my case?
- Do you have any conflicts of interest in my case?
- Have you worked with the opposing attorney before?
The more questions you ask, the better you can judge if an attorney is right for your case.
If you’re ready to start asking questions you can contact divorce attorney, Cynthia Diggs to get your answers.
3. Look for Disciplinary Problems
You don’t want to babysit a problem-child during your divorce. Make sure you research any disciplinary problems a lawyer has had.
You can find this information at your state’s disciplinary board.
While this may not rule out a lawyer completely, it can be a reason to ask more questions.
4. Find Referrals
The best advertising is word of mouth. There’s nothing better than hearing from a past customer that had good results.
Make use of online review sites to see which lawyers in your area are highly rated. Prioritize finding them and getting in touch with them first.
Once you find the set of lawyers you want to work with, ask for referrals from them.
If they provide you this, you can get a first-hand account of what it’s like to work with someone. You’ll be able to learn the good and the bad.
5. Talk in Person First
It’s important to talk to a lawyer in person before hiring. You want to get a sense of the kind of person they are.
You could be working with them for a long time. You want to be sure that their personality matches what you’re looking for in an attorney.
You can also use this time to learn how hands-on they will be in the process.
Do you want someone who will hold your hand or someone that lets you take care of some of the work?
Don’t Rush Into Hiring a Divorce Attorney
Going through a divorce can be a long and tedious process. If you don’t want to make this process worse, then do your research and find a good divorce attorney.
Having someone on your side that does good work can make the process much easier.
Are you looking for more legal advice? You can find blog posts here about any legal topic.
Need to settle a family matter? An adoption? Child custody battle? Then you need the services of a lawyer. If you have little experience dealing with legal matters, deciding on a trustworthy lawyer can be challenging. Should you go for one who practices family law exclusively? Someone referred by a friend?
Your family is important to you. As such, you need the best family lawyer who can professionally deal with all urgent legal matters leaving you to handle less technical issues. This article sheds some light on what finding the best lawyer entails.
Family court lawyers specialize in family issues such as adoption, child support, custody, divorce, and marriage. Family law is a section of civil law that is different from other sections of law such as criminal law. As such, you should not just get any lawyer you know to help you with your legal issues. You need a lawyer that is specialized in family law.
Read on to learn how to find the best family lawyer for your needs.
Deciding When You Need a Lawyer
The first step in getting the best family lawyer is deciding where your legal issue lies and whether the lawyer has the right specialization to help you. It might be tempting to go to your friend whenever you need legal help. However, if your lawyer friend does not practice in the right specialization, they will not be able to provide the right help.
You need a family lawyer if you are considering signing a prenuptial agreement before marriage. You also need a family lawyer for any post-nuptial agreements that you may want. If you are considering legal separation or other issues pertaining to divorce, then you also need a family lawyer.
Family lawyers also assist in child support and child custody cases. When you want to bring a new one into the family via adoption, a family lawyer will provide great help in navigating the legal hurdles.
If you are curious about more issues that need the legal intervention of a family lawyer, you can learn more by consulting Rosenthal & Wadas, PLLC in Texas.
Decide Where to Engage the Services of a Lawyer
Different jurisdictions can have different sets of family law. As such, it is not always about the best family lawyer near me. It is about the best family law attorneys near me licensed to practice in the jurisdiction where I live. For instance, if you are dealing with custody issues, you need custody lawyers registered in the same state where you and the child lives.
Now that you know the kind of lawyer to look for, the next step is searching for a lawyer. The internet is a great resource for finding the best lawyer. One of the options that you have is going to your state’s bar association website, which has a list of all lawyers licensed to practice in the state.
Another tool to help you in your search for a lawyer is an online directory for lawyers. Several directories exist that will point you to the right kind of lawyer you need. To ensure that you get the best possible results, use multiple directories.
Conduct a Background Check
After narrowing down the list of lawyers, the next step is to conduct a background check so that you can confirm the lawyer’s history and better judge their ability to help you. A background check can be as simple as a Google search; this is enough to bring up relevant information on the lawyer. Also, include social media in your background check by searching for the profile of the lawyer on Facebook, LinkedIn, and Twitter.
If the lawyer is really the best, then at the very least, there will be no negative report about them online. Law firms often document their important wins on their website, and these can provide information on the family lawyers on your shortlist.
Lawyer review sites such as Avvo exist which provide comprehensive information on lawyers, including how their clients rank them, hourly rates, area of practice and even client reviews. You can use such sites to narrow down your list of lawyers further.
Set up Meetings and Make the Final Decision
After narrowing down your search, you have a list of lawyers that you would like to meet before making the final decision. These criteria should guide you in your face-to-face meetings with the lawyers.
The best family lawyers often have sufficient experience. Ask how long the lawyer has worked in family law and the cases that they have worked on.
2. Board Certified
Before you part with any money, make sure that the lawyer is certified to practice in the area where you live. Cases have failed because the lawyer does not have valid licenses; you do not want this to happen to you.
To gauge for honesty, you can check the lawyer’s online reviews. You can also seek out other people who might know the lawyer and ask their opinions. If the lawyer is dishonest, then the reviews should make it clear.
You need a lawyer that you can afford. It might not be of use to you to win a case but have to go into bankruptcy due to expensive lawyer fees. As such, get the best within your price range by finding out the hourly rates.
A good lawyer will make a good impression by communicating in a well-mannered manner. They will also demonstrate expertise in the relevant legal law through their words. A good lawyer will be able to explain legal issues you in terms that you can understand. A good lawyer will also propose a strategy to best deal with your family issue positively.
Deciding on the Best Family Lawyer
A good lawyer takes a collaborative approach when dealing with your issues. Make sure your lawyer shares some of your most important values. For instance, if you want to resolve a certain matter amicably and out of court, they should not be too pushy about an adversarial process.
The best family lawyer for you should also be straight up. They need to tell you even what you may not want to hear. This is always a good sign when evaluating the choice of a family lawyer.
If you are looking around for legal services, you can check out our site.
Around 40 to 50 percent of American marriages end in divorce. No matter how beautiful your wedding was or what great intentions the both of you had, these numbers ring true.
If you are dealing with a divorce situation, you shouldn’t feel bad about it. The best thing you can do is secure one of the best local divorce lawyers to help you through the case.
You don’t have to be going through a nasty divorce to need a lawyer either. Even if you are trying to dissolve your union amicably, you should consider bringing on an attorney to make sure everything is done properly.
Continue reading this article to learn how to find the best divorce lawyer in your area.
Vetting Local Divorce Lawyers
Whether you are trying to learn more about paying child support after the divorce, how you should set up visitation or other matters, an attorney can advise you on the best practices.
1. Friends & Family Referral
It is likely that you know multiple people that have gone through divorces at some point in their lives. Ask friends and family for referrals to see how their experience was with their lawyer.
If it has been some time since their divorce, you may need to check and see if the attorney is still in town or if they are in practice at all.
2. Attorney Specialty
Before you choose an attorney, you need to look at your specific case. Some attorneys specialize in dealing with cases that involve children. Other attorneys are best working on cases that have large amounts of money at stake.
Just because an attorney is a good person doesn’t mean they are a good match for your case. You want to make sure they understand the laws around your situation so you can have the best opportunity to get the outcome that you want.
Working with an attorney that is inexperienced with your type of case puts your case in jeopardy.
3. Online Reviews
If you don’t know anyone that has a connection to a local lawyer, you can turn to online review websites. While they might not give you as much assurance as your friends and family, they are helpful when you make your decision.
After you read reviews and find a possible candidate for your case, you can even ask them if you could speak to one of their clients on the phone or in person to hear about their experience with their firm. Many clients are grateful and willing to speak with a potential new client to help the attorney as a thank-you.
4. Length of Experience
While the length of experience isn’t the end all be all, it does play into the scheme of things. If you’re working with a lawyer that doesn’t have any experience, you’re not likely to feel confident in their abilities.
New attorneys should be paired with someone that has experience so you know they have counsel from someone that has dealt with your case before. You may even ask for a discount on your case if the new attorney is put as the lead on your case.
Education also plays into your decision-making process as you’re choosing an attorney for your divorce case. Not all educational institutions are created equally and you might want to look at the requirement of their graduation before you put your case in their hands.
Even if you want to find the best attorney to work your case, you simply can’t ignore cost. Some of the top divorce attorneys may be outside of your budget because they only deal with cases that have large amounts of money at stake.
Don’t be afraid to ask about their rates up front so you don’t waste your time with an attorney that is out of your reach.
Depending on what state and city you’re in as well as what type of case you have, the fees of an attorney are going to be different. You shouldn’t wait until the end of your conversation to give them the details and get an idea of how much the bill is going to be.
7. Ease of Working Together
If the divorce is long and drawn out, you’re going to be married to this attorney throughout the duration of your case. You need to make sure that you’re going to be able to work together easily.
If you hire an attorney you can’t stand, you’re going to put yourself through months of discomfort and annoyances.
Find out how frequently the attorney will be able to communicate with you. You should also find out if the attorney will be doing the work themselves or if they task everything to a paralegal.
If you expect to be updated on a daily or weekly basis, you should let them know and see if that is something they are willing to do. When you both have different expectations, no one is going to be happy so make sure to get this out up front.
Also, find out what means of communication you should expect. Do they email updates or call you on the phone? Do they work late or do they leave the office at 5?
These things are important to ask so don’t be afraid to find out before you sign on the dotted line.
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Bookmark and browse our blog as often as you need and get the help that you need for your specific situation.
Parenting in this digital age is no longer easier than it used to be in the past. Rapid advancement in technology is presenting new and difficult challenges for parents to keep up. Protecting your kids from dangers posed by digital technology and internet has become essential. Luckily, there are some excellent and advanced tools available for parental control, including monitoring apps. These apps and tools allow moms and dads to set controls on their kids’ internet activity. With the ease of access, internet exposes your kids to various threats like identity theft, cyberbullying, social media scams, and malicious content. That is why parental control has become an essential requirement to protect your kids. Here are some reasons why parental control is important in this digital age.
Protect Kids from Objectionable Content:
The reality is that objectionable content is everywhere on the internet and most parents feel helpless to shield their children from it. Parental control is the only effective way to administer the digital devices of your children. With these controls, you can restrict the access of your kid’s device to refrain from viewing inappropriate content. YouTube also has an age restriction feature to prevent suggesting and viewing adult content to kids. Internet scheduler is also a type of parental control that allows parents to set a specific time for internet access. This prevents your child from internet addiction.
Allows Website and Category Blocking:
In many cases, parents cannot identify all the websites that are inappropriate for their kids. Such websites can be restricted by blocking the entire categories. Parental control tools allow you to do this. For instance, if you want to block access to all websites that contain adult content, you will just have to block the ‘Adult’ category. The categories of websites are named as adult, social networking, gaming, downloads, etc. The category blocking feature also allows you to create an exclusion list of websites that are included in a blocked category. For example, if you have blocked the category of Social Networking but you want to allow access to Facebook only, then simply add its URL to the exclusion list.
Ability to Fight Cyberbullying:
Cell phones and the internet has made children more vulnerable to bullying and abuse through social media and text messages. KidSecured is a parental control app that allows you to see the outgoing and incoming messages and calls through Viber, Tinder or GSM. This way, you can be aware of who is contacting your kid and what conversation he is having with his friends.
Limiting Downloads to Keep Your Devices Safe:
Kids can be easily deceived and fooled and this makes them prime targets for cyber-criminals and hackers. Children are more likely to download apps and programs that look genuine but are actually malware and viruses. It can lead to dangerous outcomes and your data can get leaked that might contain confidential information like passwords, bank account information, and media. Moreover, the viruses can lock your computer, cause operational problems and can even spread to other devices connected with it. Parental controls allow you to limit downloads from untrusted and suspicious sources. You need to be wise enough to control what your kids can or can’t download so that your computers and networks can be kept free of malware and viruses.
Increase Familiarity with Technology:
One of the prime benefits of using parental control applications is that it increases your familiarity with new apps, devices, social sites and more. While you have your own cell phones and devices, your kids may be using the apps that you haven’t used. That’s why you may find it troubling to navigate the apps and sites your kids use. Taking control of the kids’ devices allows a better understanding of what they are using and how they are using them.
Family law in Australia, in simpler terms, is those pieces of legislation which affect family and relationship between husband, wife, children and ‘de facto’ couples, including when a relationship ends. Family law includes the legal divorce, property settlement and parenting arrangement for children. In Australia, family law is practiced in ‘Family Court of Australia’.
When it comes to family law, people are often clueless about many basic facts. Let us address some of the top 10 family law questions, people often ask.
1. What is a divorce by Australian family law?
Divorce is nothing but the legal approval for ending married life or living together relationship. Divorce includes separation of married couples, parental management of children and property settlement. Divorce is recognized when the couple agrees on all this, either mutually or by judgment by an authorized court.
2. De Facto relationship
Ending a de facto relationship comes under family law. De facto relationship is that where two people of same-sex or opposite sex, live together on a genuine family basis. In a de facto relationship, it is not necessary that they are legally married. Ending a de facto relationship is approved by family law, on legal conditions.
3. Child support under family law
Family courts give prime importance to parental maintenance of children after the legal separation of parents. Unless mutually agreed on child support by divorced parents, either or both of them can approach Department of Human Services (Child Support) for legal resolution on child support. Department of Human Services assesses child support petition and act accordingly.
4. About parenting order
In the parenting order, the court gives ruling on adequate parental maintenance to children. Every judgment made on child support will be at ‘best interests of the child’. made on Court will take care of aspects like:
- Designating parental duties to either or both of the parents. It includes the responsibilities, powers and authority on children.
- Who the kids are to live with permanently. On court’s discretion, the other parent may be allowed designated time to spend with the children, which is called ‘access’.
- All aspects of welfare of the children will be considered and will allocate either or both parents to fulfill the responsibilities.
5. All about property settlement
Property settlement is also part of legal divorce according to Australian Family Law. Unlike a dispute settlement, under the family law, court always follows a ‘non-mathematical’ settlement method. Which means, it is the sole discretion of the court to order a 50/50 settlement of the property or not. The outcomes can vary based on a lot of family aspects.
There are few steps followed by every court to decide on property settlement.
- First of all, it is the discretion of the court to decide whether it is just and equitable to change any of the party’s legal ownership of any assets.
- Next step is to assess the net worth of the properties by listing out each asset owned by the parties. Also, the court assesses the contribution of the parties into the property pool.
- Once the assessment is done, court will look into the current and future circumstances of the petitioners which include age of the petitioners, income earning capabilities, age of the relationship and parental access of the children etc…
- Based on all the above-mentioned factors, court gives final judgment on property settlement.
6. What is spousal maintenance?
When approving divorce, the court may sometimes order for spousal maintenance. Spousal maintenance is essential monetary support provided to one spouse by other. If court observes that the receiving spouse is unable to support themselves sufficiently, a spousal maintenance is ordered by family court in Australia.
7. What is a family report?
Family courts in Australia value a family report while recognizing a divorce. Family report is the observations and recommendations of a social worker or psychologist submitted to the court which briefs post-divorce arrangements and preparations in the best interests of children. The writer is either reported by the court of law or elected by both the parties by mutual consent sustains is a dispute on parental maintenance.
8. What is mediation?
Mediation is assisting the separated couples to reach in mutual agreements on child support and property settlement. Through mediation court aims at minimizing disputes and easing the divorce process. Mediation is not a compulsory process as court commences a mediation only when spouses don’t mutually agree on anything.
9. How long does the process take?
It is the sole discretion of the court. However, if the spouses reach on mutual agreements and file a joint application for ‘consent orders’, then divorce is sanctioned with much lesser time than one with mediation, disputes and non-agreements of property and children.
10. What are the requirements for divorce?
Family court sanctions a divorce based on certain requirements.
- The couples must have been separated for at-least 12 months. Separated but living in the same home is acceptable.
- Court should be convinced that the relationship is irrecoverably broken.
- To file a divorce petition in family court in Australia, at least one of the spouses should be an Australian citizen or resident.
- If you are married for less than two years, family law allows a divorce petition only after two years of separation.
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