Family law is a specialized area of the legal system that usually deals with family related matters and family related litigation. Apart from family law, divorce law is also a specialized field of the law. In divorce cases, the divorcing couple will hire a family law attorney to represent them in court. This divorce lawyer will argue for or against the wishes of the couple as expressed in their marriage contract. If the husband wants a spousal support, the wife will have to give up her right to an annuity if she agrees to the divorce. The division of marital property is also a common feature in divorce law.
Many attorneys who specialize in family law are divorce lawyers or criminal defense attorneys. They can represent either the plaintiff or the defendant (the person who has brought the suit). These attorneys may have no other expertise in family law but they can use their expertise in different legal issues to help their clients deal with legal issues that arise in their cases. For example, they can advise their clients on the best way to approach a child custody case.
Civil cases involve claims for injury, damages, or a combination of these. Civil cases differ from criminal cases in that civil cases do not require the presence of a criminal prosecution or jury. Because civil cases involve only private parties, they are less expensive to pursue than criminal litigation. Again, because the parties involved in civil cases are not prosecuted or tried as a criminal matter, their rights to due process, fair trial, and private counsel are protected by the Fifth Amendment to the United States Constitution.
While divorce attorneys can be found in all cities and states, family law attorneys are particularly prevalent in the larger cities such as Chicago, New York, Los Angeles, Phoenix, and Houston. In addition, family law attorneys are found online. Some websites allow you to search for family lawyers within a specific area and even narrow your search to a specific city or state. These websites can be an excellent way to find a divorce attorney. In addition, you can use these websites to request information about family law attorneys who might be in your area.
Most family law cases last a long time before they reach a judgment. As such, the time involved in a divorce can be very costly. Court procedures take a great deal of time, and family law cases can become very complicated. Often, the family law attorney must file a motion to dismiss in family court in order to proceed with a divorce or child custody case. This motion is often referred to as a “pro se” motion.
There are also many differences between civil and criminal cases. Unlike civil litigation, there is no right to a trial; the defendant may be held harmless unless proven guilty beyond a reasonable doubt. Criminal cases are tried by a judge and jury. The burden of proof in criminal cases is often less than in civil cases.
Unlike civil cases, divorce cases are not generally covered by prevailing family courts. If the state law requires separating couples, the couple must apply for a divorce in family courts. Many family courts do not recognize same sex marriages.
If you would like more detailed information on child custody and other family law cases, you may want to contact a family law attorney. You should make it clear that you wish to speak to a lawyer, and not a friend or neighbor. Even if you find an attorney through the newspaper, you should make sure that they are family law attorneys and not criminal defense lawyers. Often, lawyers choose to work only with clients that have similar goals, but different levels of expertise. Therefore, it is important to choose a lawyer that has knowledge of family law cases, child custody cases, divorce proceedings, and criminal law.