Imagine you are standing in the middle of the court, your family lawyer fighting toe to toe with the lawyer from your wife’s side, going through a divorce. The opposition is rambling on and on about things that you couldn’t care less about if you knew its consequences on your child. Financial and personal matters are now becoming public. This is what Litigation does to you. But if you and your partner are among those who do not want this ruckus, who care for the children and want the mutual respect to remain, then Collaborative Law is for you and your family.
Family law can get super complicated, and this is just the tip of the iceberg as to how to navigate such events. Family law intersects with a range of other legal practice areas. For handling these types of issues with ease, choosing the best family lawyer is of prime importance. A family lawyer represents you in family court proceedings and/ or in related negotiations. Below mentioned are some parameters that should be looked at and tips for selecting a family lawyer that can best cater to your needs.
1. Examine and Evaluate the Lawyer’s Experience and Background
There are a lot of good lawyers out there but, they aren’t necessarily good for you. Your family lawyer will have to handle things like your divorce, financial matters, and your children’s best interests. For this, firstly, you need someone who is qualified to tend to these matters.
Your family attorney should have a background or experience in the field of your needs. There are family lawyers that specifically work for gender violence or domestic violence, some specialize in working with people from the LGBTQ community, and several possess expertise in working with children with special needs. While yet others are divorce specialists. So first, you need to be clear with what you need support in and then choose the best family lawyer in that particular field with demonstrated experience and skills.
2. Sense and Sensibility: Should Exhibit Sensitivity towards Personal Concerns
During the events of divorce, custody, financial matters and more, usually, the person you are fighting with is someone close to you. The person is family. Hence, it becomes really difficult to deal with such matters. A person going through a divorce will have to deal with child custody and also alimony matters at the same time. When you are in such an emotionally heightened state, you need someone who is sensitive toward you. Your lawyer should show empathy and be supportive of you and also might need to motivate you at times.
The legal practice of Family law is an emotionally charged field even for the lawyers. You want to choose a lawyer who is not very old or very young to understand your point of view. Your divorce lawyer should be emotionally intelligent but at the same time, the person should also be able to keep their head straight and act rational while providing you the support you need.
3. Money Matters! Hence, Needs Sound Knowledge of Money Matters
As you already know by now, there are a lot of areas a family lawyer has to focus on. Now that also includes how your finances will be distributed over the various areas, helping out with a child support plan and more. Your attorney, especially your divorce lawyer in Melbourne is expected to have sound financial knowledge for the following:
A prenuptial agreement is a contract drawn up before marriage or civil partnership. It sets out what will happen to the couple’s property and finances in the event of divorce, death, or separation. The agreement can cover how much maintenance should be paid, who gets custody of any children, and whether spousal support will be needed. Only a single lawyer is involved here.
When getting a divorce, one of the most important legal aspects is how to divide marital property. This can include anything from your home to any investments you have made. The state will decide what is considered separate property, so it’s best to make sure you go with a lawyer who has an expertise in this complicated terrain.
The documents filed for Alimony require information about both spouses’ expenses and income as well as how long they have been married. The petition will also ask for the amount of temporary spousal support to be paid from one spouse to the other while waiting for a hearing.
4. Accessible and Available
It is preferable to get a lawyer from your State. Marriage and divorce laws are subject to vary by state as it is under their rights to decide the formal requirements and rules and procedures for marriage as well as divorce. Moreover, the time frame for a divorce process is also based on the region of location.
5. 2 Cs: Cost and Compatibility
The best way to find a family lawyer in Melbourne is to research the market thoroughly. There are a lot of different rates and specializations in the field, which means that your strategy will depend on what you’re looking for. Some lawyers will be really expensive or have a very specific focus, while others might charge less but not be as knowledgeable about certain aspects of family law. You need to figure out to what degree you are compatible with the person and whether or not the cost is justified accordingly.
6. The 3rd C: Child Friendly
Family lawyers must represent the best interests of children and typically work with them regularly. A family lawyer should be able to maintain a good rapport with children and show empathy and understanding when dealing with their emotional issues. It is also necessary that the lawyer has an appropriate level of skill for this type of work, or they may not be able to help your child in the desired way.
Your lawyer has to think about what’s best for the children and should also be able to advise in parenting matters, in cases of adoption, and also emancipation.