Do you have a legal issue on your hands? Are you wondering if it could be a family law matter? There are several things you should know about this field, including why it’s important to work with a qualified family law attorney in Atlanta. Here are a few frequently asked questions.
Ask a Family Law Attorney in Atlanta: 7 Frequently Asked Questions
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1. What Is Family Law?
This is a practice area in law focusing on matters related to the family. This includes things like divorce, child custody, adoption, and marriage. Lawyers practicing family law can also assist with drafting court petitions or property agreements.
Several other legal matters fall under the “family law” umbrella that the average layperson may not expect. Things like issues of paternity, emancipation, and division of marital property all count as areas of family law. Knowing what issues count as family law as well as which ones don’t will help you determine what kind of lawyer you need.
2. Should I Hire a Lawyer?
If you find yourself with a family law issue in your hands, you might be thinking about saving money and representing yourself. However, you should avoid doing this since you don’t have the same kind of training that a lawyer does.
Lawyers spend many years studying the law as well as their particular practice area to provide their clients with the best legal representation. They will have the expertise you need to get you the results you deserve from your case.
3. What Is the Difference Between a Contested and Uncontested Divorce?
If you are getting divorced, yours will count as either contested or uncontested. If you are going through an uncontested divorce, both spouses agree on all issues that are naturally raised by the divorce. Because of this, uncontested divorces generally don’t require the spouses to appear in court.
However, if you are going through a contested divorce, this means that there is some disagreement regarding the issues that the divorce raises. If this is the case, you and your spouse will need to file court documents that outline their positions, and possibly appear in front of a judge.
4. Who Gets Custody of the Kids in a Divorce?
Many people wrongly assume that the mother always gets custody of any kids involved in a divorce. This is not always the case. When determining who gets custody of the children, the courts will always focus on what is best for the kids.
This is why it’s important to work with Atlanta’s top family law attorneys. When you work with a well-trained lawyer, they’ll make sure that you get the legal representation you deserve and that you are able to maintain custody of your children.
5. What Is Marital and Separate Property?
When a marriage ends, the property must be divided between the two spouses. There are two different types of property. This first is marital property. This refers to all property that was acquired over the course of the marriage. Marital property must be divided equally between the two spouses.
The other type of marital property is separate property. This refers to property that you and your spouse gained outside of the marriage. In some instances, separate property can become marital property. Your lawyer will help you understand the difference between the two and ensure that your property is divided fairly.
6. How Long Do Family Law Issues Take?
Nobody wants to have to go through difficult and confusing legal matters, so it makes sense that you would want to get through your legal issues as quickly as possible. However, as any good lawyer will advise you, it’s important not to rush the process.
If you try to rush your legal issues, then you may not get the fair settlement that you deserve. It’s also more likely that avoidable issues slip through the cracks. As challenging as it can be especially in cases of child custody and divorce, it’s important to remain patient.
7. What Happens If a Parent Does Not Pay Child Support?
If you have been granted custody of your children, your ex may have to pay you child support. This is to ensure that you and your kids are still taken care of financially, despite losing your ex’s income.
Unfortunately, parents failing to pay child support is an all-too-common issue. If your ex isn’t paying you on time, then you should get in touch with your lawyer right away. They will make sure that your former spouse pays the child support that you are owed.
If you find yourself with a family law issue on your hands, it’s important to make sure that you have the right legal representation on your side. Hiring a quality lawyer will ensure that you have fair legal representation and that you reach a fair settlement.