by Admin on September 29, 2010
Not all family law attorneys are family law specialists. In order to become accredited as a family law specialist, a lawyer needs to demonstrate a high standard of aptitude and experience in the field of family law. Here are the requirements that a lawyer must fulfill in order to be considered an accredited family law specialist.
An accredited family law specialist needs to pass an exam. One of the requirements for accreditation is that the lawyer should pass a written examination which aims to test his or her knowledge about family law. The examination covers divorce procedures, property settlement, jurisdiction of the court; child welfare matters, court practice and procedures, child support and spousal maintenance, taxation and de facto relationships. Some knowledge of pensions, social security and legal aid requirements are also covered.
Before qualifying for accreditation, an accredited family law specialist needs to have at least five years of experience in practicing law. Also, he or she should have above 25% of his or her practice dedicated in family law.
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Furthermore, in order to become accredited, the requirements include references from other attorneys. These references should validate the competence and experience of the lawyer applying for accreditation. Other lawyers often refer clients with family law issues to accredited family law specialists in the knowledge that tough or complex cases will be proficiently handled.
An accredited family law specialist is required to be up-to-date with developments in the law. Every year, a family law specialist must prove that he or she has continued to be up-to-date with developments in the law and maintain the required high level of participation in the jurisdiction.
Thus, you can be able to tell whether a lawyer is an accredited family law specialist if that attorney has the extensive experience, has passed the exam and has kept up-to-date with developments in the law. Moreover, the certificates that are obtained through accreditation confirm that a family law attorney is presently qualified as a family law specialist.
This certification continues for a period of five years. After that, an attorney may apply for re-certification. Continuing legal education is required and includes 15 annual hours in the specialty field and three hours of ethics.
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Indeed, hiring a family law specialist is a must because this type of lawyer stays well informed of the continuously changing field of family law through continuing education. He or she stays updated of new developments in family law as well as the different areas related to divorce, including taxation, business estimation and high-asset marital terminations. A family law specialist understands the complexities of family law and possesses the skill to negotiate the outcome you deserve and engages in litigation when needed.
Hiring a family law specialist may seem costly. However, you must realize that an affordable attorney with low hourly rates or less experience in the field of family law may commit irreversible mistakes. These lawyers may well end up costing you just as much by taking twice as long in preparing documents or by learning the law at your own expense.
by Admin on September 26, 2010
Family law issues involve wide range of legal matters from adoption to divorce. Here are the most common family law questions relating to divorce, child support, legal separation and dissolution proceedings as well as adoption and paternity issues.
How Do I File For Divorce?
The petitioner or the individual seeking for divorce must file a Petition for Dissolution with the office of the local county clerk and serve a copy of the petition to the other party which is the respondent. When the respondent answers and provides the requested information, he or she may also file discovery documentation which requests information from the petitioner.
Usually, the court will order a mediation wherein issues such as property settlement, child custody and financial support can be resolved. If this strategy is not successful, the case may proceed to trial. The judge will then determine the outcome and will make the final decree for divorce.
What Are the Legal Issues Concerning Adoption?
All adoption proceedings must undergo the legal process and must be finalized by the judge in court. Adopting a child gives the person or couple similar rights as the biological parents so the judge in an adoption proceeding will need to review several factors.
After filing the Petition for Adoption with the court, the court will order home visits, background checks and counseling sessions in order to determine whether the adoptive parents are fit to adopt the child. At the final hearing, the judge may interview the adoptive parents and review all findings and research to make a decision whether to grant the petition.
How is the Amount of Child Support Modified?
Regardless of whether two parents have made oral agreements concerning the amount of child support, the child support order determines the amount the non-custodial parent must pay. The only legal way to change the financial obligations is to modify the child support order. Typically, the order is modified when the income of either parent suddenly increases or substantially drops. The non-custodial parent is legally bound to his or her previous financial obligations in the order unless the judge approves the modification,
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What is Legal Separation?
It is a formal judgment issued by the court. It states that both parties have settled all issues with regard to the dissolved marriage such as child support obligations, property settlement and child custody issues while still remaining legally married. Often, when a couple is legally separated, they live apart and act as a divorced couple. This option is utilized when couples want to stay legally married for tax, religious and moral purposes.
What is a Paternity Suit?
A paternity suit is brought in court by a mother who seeks to prove and name the biological father of her child. However, men can also bring a paternity suit in order to relieve physical or financial obligations if he believes he is not the biological father of a child.
The court will order DNA testing during the course of a paternity suit. When DNA confirms the father, the requests of the petitioner for child support or custody may be granted by the judge.
When you are faced with a family law issue, it is necessary to hire a family law attorney in order to understand the complexities of your case and be prepared for the legal process you will go through.
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