Divorce Law is a type of family law in which you represent one spouse as they work their way through divorce proceedings. If the divorce is uncontested, both spouses may hire you to draw up the divorce agreement and file the paperwork. In most cases, however, you will work with one spouse and represent them through every step of the process. Every divorce case is different and many have multiple challenges, especially when it comes to the division of assets/businesses and child support and custody issues.
Divorce law can be quite complicated when parents fight over their children or their assets. A divorce and family law attorney must be able to look at each case on its own merit and follow the law. They must be able to guide their clients through the legal process during a difficult time, showing compassion and understanding every step of the way.
What are the Different Aspects of Family Practice?
There are several different aspects of family law aside from just divorce law. Family law also covers:
Child Custody/Support – Child custody and support offer some of the biggest challenges when it comes to family law and helping families stay civil during court proceedings. It involves following each state’s Child/Parenting Guidelines and Child Support arrangements.
Division of Assets – Division of assets involves dividing up any assets that were obtained throughout the divorce. The division must be fair and agreeable to both parties.
Estate Planning and Wills – Estate Planning and Wills involve planning what will happen to a person’s monetary holdings, physical possessions, and how those things will be distributed after they pass. It also involves taking care of any final expenses.
Pre-Marital Agreements – Pre-marital agreements put in place what both parties will be able to take away from the marriage if they eventually divorce.
Divorce and family law can be very complex, but it can also be extremely rewarding. It takes someone with compassion, understanding, and a strong commitment to family values to be a successful divorce and family law attorney.
How Do I Find the Best Divorce and Family Law School?
If you are interested in studying Divorce and Family law, you will still need to complete your general law degree. The best schools for earning your family and divorce law degree are those that offer advanced coursework in all aspects of the law. You will need to be able to perform in-depth research, as well as understand how the legal process works when it comes to the division of property and child custody. You must be able to be a voice for children who may not be old enough to speak for themselves. The skills you acquire will need to be very sharp in terms of fair and ethical representation.
The best divorce law schools have instructors and faculty members you can talk to when you have questions about difficult situations and making sure you understand how the law affects them. Many law schools offer internships that allow you to work with a law firm and gain the valuable experience you need to handle yourself in a dignified and respectable manner at all times.
How Does Divorce Law Work?
Divorce law works just like every other form of law. There is a long process that must be adhered to in order to remain in compliance with your state’s laws concerning family and marriage. When a couple decides they want to get a divorce, the first step is to file for separation, if that is required by the state they live in. If not, then a Petition for the Dissolution of Marriage is filed. In the petition, both parties will list their comments on why the divorce should be granted and what they expect to receive from the marriage. If the couple degree on the division of their assets, then a list of the assets and who receives them will be included. If the division of assets is disputed, it will be up to the judge as to who receives what. Once the material aspect of the divorce is resolved, the dissolution of marriage will be granted.
Child custody, visitation, and support are handled under Family law apart from the divorce proceedings. During a divorce that involves children, child support, visitation, and custody must all be determined through family court. This means determining which parent gets custody or whether custody will be shared. Child support and visitation will be determined by applying the Child/Parenting guidelines for your state.