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.

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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An uncontested divorce is a type of divorce wherein both parties can mutually agree to the terms of the divorce such as spousal and child support, child custody, division of assets and debts and other divorce-related matters. In an uncontested divorce, both parties negotiate a settlement without court proceedings. Both parties have their own separate lawyers to represent them. Basically, the parties negotiate the terms until they are both satisfied with the settlement. Like any other types of divorce, uncontested divorce has its own advantages and disadvantages.

Advantages

An uncontested divorce is relatively less costly than going to court. When undergoing the divorce process, saving money is a great advantage because you can use these saved funds in order to make the necessary changes in your life and to finance your daily expenses. It also saves time for everyone involved in the case because you can avoid going through the lengthy process of litigation.

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An uncontested divorce can also help keep the civility between the spouses. If the divorcing couples have a cordial relationship, mutual respect should be preserved, most especially if there are children involved.

Another advantage of this type of divorce is that the privacy or confidentiality of divorce is maintained on the contrary to court proceedings. Although, the divorce case will be considered as a public record, the visibility of negotiations and the actions taken can be limited by what the parties choose to disclose in the documents.

If the parties do not reach an agreement about the terms of the divorce immediately, it does not mean that they should leave the decision-making to a judge. It may just indicate that further negotiations are necessary.

On the other hand, there are particular instances when an uncontested divorce is not essentially the best approach to take. There are also some disadvantages of uncontested divorces.

Disadvantages

An uncontested divorce is not for you if you if you have big assets, complicated legal issues, unreasonable spouse, or if you are a victim of domestic abuse.

An uncontested divorce is not advisable if there is a history of domestic violence or if one party is trying to control or manipulate the negotiations. The coerced party is not in a situation to look out for their own best interest. Because of this, uncontested divorce does not ascertain that the agreement will be fair and reasonable to both parties.

In addition, this type of divorce will not work if the parties are hostile with each other. If the parties are not in speaking terms or hold grudges against each other, it makes negotiation and settlement of the terms of divorce indeed difficult.

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Clearly, an uncontested divorce is not appropriate for everyone. Before entering into a settlement, it is essential to consult a family lawyer since an uncontested divorce is mainly settled by the parties among themselves. Each spouse should be aware of his or her legal rights and responsibilities before entering into any negotiations.

Divorce is the legal dissolution of a marriage. In the past, a court would only grant a divorce if one spouse had done something wrong such as adultery or desertion. At present, you can get a divorce for any reason or for no reason at all. Below is a complete summary of what your divorce proceeding will be like. Depending on the issues that need to be resolved, there may be more steps involved in the proceeding.

Divorce Filing

A divorce is initiated when one spouse or the petitioner/plaintiff files a complaint or petition against the other spouse or the defendant/respondent. The petitioner must file the complaint together with other necessary documents with the court clerk.

The complaint contains a personal identification of both parties, a clear statement of the reasons or grounds for the divorce, an explanation that states why the court has authority to grant the divorce decree and a request for an order relating to children, financial provisions and the like.

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After filing, a copy of the divorce petition together with a summons is sent to the other spouse. A summons is a written document that notifies the other party that a divorce has been filed and that a court appearance is required.

In most states, the respondent or defendant has twenty to thirty days to file a response in relation to the complaint with the court.

The Discovery Process

Discovery refers to the pre-trial process wherein both parties gather information from each other and from any witnesses as a preparation for trial. Each spouse can obtain information about the assets and debts incurred by the other spouse during the marriage, determine the value of property owned by the other spouse, as well as information regarding other aspects of the divorce such as child custody.

Answering Requests for Discovery

In general, a party or a witness has thirty to sixty days to respond to a discovery request. You can file a motion with the court to oblige your spouse to respond if your spouse does not reply to your discovery request. The court sets the time limits for both parties to complete discovery.

Arrangements While Divorce Case is Pending

You may have to deal with living arrangements, bill payments, childcare, and visitation rights while your divorce case is pending. Your lawyer can file a petition for temporary provisions with the court if you and your spouse cannot reach a temporary agreement regarding these matters.

The Pretrial Hearing

The judge may hold an informal hearing before the trial to allow the judge to analyze the issues, evaluate the witnesses presented by both parties and estimate the duration of the trial. The judge may also attempt to get both parties to settle.

The Trial

In a court trial, both parties will need to present witnesses to testify and show factual evidences in order to support his or her case.

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Right to Appeal

You may appeal if the judge rules against you in a divorce hearing. An appeal is a review of the judge’s decision by a higher court or an appellate court. After the judge decides the case, both parties have thirty to forty-five days to appeal the decision.

At first, marriage seems to make your world colorful and your life complete. However, there are times that some situations happen beyond our control. When love diminishes over time, no other choice seems feasible except for getting a divorce. Getting a divorce is emotionally and financially stressful. However, courts have made divorce a simpler and a more understandable process. Below are the simple steps that you must follow on how to petition for a divorce.

First, you should get a form that is called, Original Petition for Divorce. You can find this form online, or get it from a paralegal or a local legal service. You must ascertain that any form you purchase or get for free online is the appropriate form for your state.

Initiate your divorce by filing the Original Petition for Divorce. You can file this form yourself, or you can hire the services of a lawyer to file it for you. If you believe that your divorce is reasonably simple, you have the option to do it yourself. If this is the case, you must proceed to the court clerk with the petition for divorce form for your state.

You should have a full understanding of this petition. The petition will provide important information about you and your children. You also have to declare your reason or your ground for getting the divorce. Majority of the divorce petitioners declare irreconcilable differences or incompatibility as the reason for divorce.

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Have knowledge about how to serve the petition. If you are the person filing for divorce or the petitioner, once you have filed the petition in the office of the county clerks, the local sheriff’s office will take responsibility and will serve the petition to your spouse or the respondent. As soon as your spouse has been served the divorce petition, he or she is given thirty days to get the services of a divorce lawyer and respond to the petition.

You should also remember to file for orders. In this phase, the process gets a little more challenging and this is where you most probably need a lawyer to represent you. During this period of time, you or your spouse can file restraining orders. These are temporary orders that are related to vital divorce issues such as child support as wells as alimony. You can also file for protective orders.

After doing all of the above steps, you must wait for the decision by the court. At this time, the court makes decisions and issues orders that must be enforced until the divorce is concluded. These orders include directives about spousal support, child support and child custody.

Once the orders have been made by the court, it is crucial that you follow them. If you do not abide by the court, you may only cause damage to yourself and you may find yourself in a serious situation because you can be sued for contempt of court.

By following these simple steps, petitioning for divorce will just be a simple and easy process for you.

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If you decide to end your marriage, you have an option to engage in divorce mediation prior to going to court to complete the divorce legally. Divorce mediators are third parties who are neutral and can help both parties to come to justifiable and harmonious terms of divorce and can save you a significant amount of time in court and divorce costs as well. Most divorce mediators are counselors or lawyers.

When you are selecting a divorce mediator, you must consider several vital factors. The initial step is to acquire a list of mediators in your area. If mediators do not receive formal mediation training, remove them from your choices. Then, contact the remaining mediators on your list and have a short telephone conversation to determine which ones you feel most at ease with. You must schedule a free consultation with your final set of choices when you have already narrowed down your list, in order to choose the best one for you.

It is very vital to consider the background of the divorce mediator you work with. You should find out how long he or she has been practicing divorce mediation. You also need to be sure that the mediator has the appropriate credentials such as a degree from a reputable university, accolades from a recognized organization, and extensive experience are factors that can help to ascertain that the success of your mediation will be likely. In addition, you may want to consider choosing a divorce mediator who is also a lawyer because it will be a great advantage if your mediator can also provide you with sound legal advice.

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Before you agree to work with a mediator, you must first find out about the fees involved. Most frequently, consulting with a divorce mediator is far less costly than trial time with a lawyer. The lower your court costs will be if you can resolve more divorce issues through mediation. In general, expect to pay a retainer fee and then an hourly fee. It is the same as with paying a lawyer however, the divorce mediators’ rates are lower than the lawyers’.

Conversely, you may not want to engage in divorce mediation if you have been a victim of domestic violence. Victims of domestic violence can talk to the mediator and request to declare the case as inappropriate for mediation. You can also file a motion to be exempted from mediation with domestic violence as your ground.

By obtaining the services of a neutral third party to mediate and resolve your conflicts, couples can separate on good terms. Through mediation, couples can be able to work together even if they are no longer a couple especially when they have children. Selecting the right divorce mediator is beneficial in order to avoid the hassles that an adversarial divorce brings. If it is possible for you and your spouse to work together in selecting and discussing with a divorce mediator, you will experience significantly less stress during and after the divorce process.

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It is a fact that a conflict between parents is detrimental to their children. Its impact is even more realized when the children are caught in the middle of their parents’ fights. Nevertheless, it is so upsetting to think that innocent children can be involved in the middle of these relentless disagreements without the parents even realizing it. The following are some of the ways so as not to make your children become ‘torn between two parents’, so to speak.

Do not talk about any concerns pertaining to the children when you are in front of them or if they are in a place where they can hear you. You should discuss child-related issues with the other parent when children are not around or whenever they cannot hear your conversation. If you don’t want them to be involved, do not let them hear you or at least have an idea about what the issues are.

Financial and legal matters concerning your divorce should not be discussed with the children. They are too young to understand complex subject matters like these. Similarly, do not allow them to read any related documents. These are sensitive issues and should only be communicated between mature adults

Do not ask your children to be messengers if ever you want to say something important to your ex-spouse. Do not even try to send letters through your child. You should not use the children to relay messages because they will surely have an idea about what is going on and once they do, they will never stop asking questions. Likewise, direct communication is important because it signifies respect to the other parent.

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Do not make your children detectives. If you want to know the other parent’s personal life, do not use your children as a source of information. Do not bug them about the other parent’s girlfriend or boyfriend or what time he/she leaves and arrives home or what he/she says when the other parent is not around. If it is a sensitive topic, like the other parent’s salary, for example, you can obtain information from other sources and not your children.

Do not encourage your children to keep secrets from the other parent. By doing this, you are creating an impression that the other parent cannot be trusted. This can cause the children to be confused or even hate one of the parents. Instead of doing this, encourage them to communicate freely to both of you. In this way, the child will realize that both parents are approachable, worthy of their trust and are always ready to listen to them.

If your child tells you that the other parent said any fault-finding comments about you to any extent, try your very best not to react violently. If you respond to your child’s report, you are already involving them. The best thing to do is to clarify it directly with your ex-spouse to avoid worsening the situation.

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Having disagreements with someone is a typical episode in our everyday lives. Each of us differs in our way of thinking so we cannot expect to have the same opinion about something at all times, which often results in conflicts. Since disagreements are unavoidable, dealing with it in a positive manner is essential. Conflicts can be handled appropriately, and once resolved; it will help us to be more mature individuals and may even strengthen our relationship with our ex.

As co-parents, having disagreements over certain matters between you and your ex, specifically those issues that involve your child, is expected. But co-parenting needs teamwork. So, whether you like it or not, these issues, even the petty ones, should never be taken for granted and should be patched up once and for all. These are some of the things to remember as you try to settle your differences.

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Respect Begets Respect

One of the strongest foundations in effective co-parenting is respect. But more often than not, some ex-couples tend to disregard simple manners that signify respect to the other parent. Gestures such as informing your ex about your child’s school events or letting your co-parent know your kid’s appointment with the dentist may not be viewed as a big deal, but it is. Having a flexible schedule as much as possible to show your ex that you are willing to go out of your way just to settle concerns with him or her is also one way of showing respect. Also, whenever you ask for your ex’s opinion and take seriously his or her point of view on certain subject matters signifies that you value and respect his or her judgments. Likewise, whenever you ask for a favor or talk to your ex, always use polite words such as “Can we try…” or “Is it okay with you if…”

Keep Communicating

If you and your ex disagree about something, you cannot just shrug your shoulders, drop the topic and leave things hanging. Remember, your child’s welfare is at stake. Whether you don’t want to see your ex’s face anymore or not, you still need to keep communicating, so might as well settle what needs to be settled. Above anything else, never discuss your conflicts in front of your child. If you have done every means to resolve the issue but you still cannot agree to a mutual decision, you may need to talk to a therapist or a mediator.

Small Deals are not Big Deals

If the issue is all about the child’s education, a medical surgery that needs to be undergone, or the financial needs of your child, then that is worth discussing. But if you disagree whether your child should go to bed at 8:00 or 8:30, or whether he or she can eat an ice cream after a full meal, it’s just a waste of time and energy. You need to determine whether the issue needs careful decision making or is an issue that you just have to let go.

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Compromise

Compromising is a give and take process so you can have a win-win situation. You have to cooperate and work together to learn the pros and cons of a situation. Be reasonable and set your ego aside. When you make a decision, make sure that it is what you both want.