What Does a Family Lawyer do?

A Family Law attorney specializes in civil legal matters that deal with families.

Family Law practice encompasses:

• Divorce
• Terminations and adoptions
• Child custody and support issues
• Child advocacy
• Pre and post marital agreements
• Modification
• Other disputes and legal issues involving a marital relationship and/or parent-child relationship

Some of these areas are addressed below as well as in the Family Law FAQ:

Divorce

Divorce is defined as the dissolution of a marriage relationship. When a marriage has ended, the fallout can be complex and emotionally taxing. Divorces often require the services of an attorney for navigating the complex court system and ensuring that you receive what you are entitled to. Family law or divorce attorneys may assist you in the division of:

• Marital Assets
• Spousal support
• Child Support
• Community Property

There are many reasons for seeking an at-fault divorce such as: adultery, bigamy, desertion, mental incapacity at the time of marriage, mental or physical abuse, drug or alcohol addiction, and mental abuse. If you are seeking a divorce based on an at-fault claim, you will be required to provide proof of misconduct during the court proceedings.

However, not all divorces are based on fault grounds. There are also divorces based on the grounds of irreconcilable differences and incompatibility. This is a formal recognition of serious differences between partners where no one is at fault, but one of the partners wants a divorce.

Child Support

When it comes to child support, the court needs certain information to calculate the appropriate amount. The purpose of child support is to provide the child with the same financial resources that they would have experienced if the parents were both together. Family attorneys or a child support lawyer will collect information such as: accurate reporting of income, health care expense of the child, and deductions if applicable.

Child Custody

The court considers many factors when determining custody such as:

• Stability of the Home
• Criminal or drug related activity of the parents
• Financial stability of the parents
• Child’s relationship and bond with each parent
• Identity of the primary caregiver

Parties sometimes reach an agreement before going to court. However, if an agreement is not reached, then it is up to the court to make the best decision in the best interest of the child.

Pre and Post Marital Agreements

These agreements detail which party gets what during and after the divorce process. Pre-marital agreements are made prior to the marriage and will outline the properties and assets of the parties, and what happens to these properties and assets if there is a divorce. After partners have entered a marriage, they still have the opportunity to enter into a post-marital agreement. The post-marital agreement outlines child custody and support and division of assets in the event of a divorce as well as partition and exchange separate property of the parties.

Modification

A party may file for a modification if there has been a material and substantial has occurred since the prior order was last entered, OR it has been 3 years since the prior order was established or modified. In addition, the monthly amount of child support order differs by either 20% or $100 from the amount that would be awarded according to current child support guidelines. Material and substantial changes in circumstances may include:

• Change of job or income reduction/increase
• Loss of or change in health insurance
• Relocation with child
• Disability
• Changes in situations where custody or visitation is no longer in the best interests of the child
• Noncustodial parent now legally responsible for additional children
• Child living with a different parent

We are Here to Help

At the Liu Law Firm, we recognize that Family Law matters such as a divorce, child custody dispute, modification, or paternity action, can be stressful and complicated. We will prepare you for what to expect throughout this process. Our team will explain in detail the consequences of decisions that you have to make, and help you strategize about how to achieve your goals moving forward. Call us to set up your consultation today at (469) 949-9227.

Submission of this form confirms your acknowledgment and understanding that no attorney-client relationship with our firm has been created.