What Does A Family Lawyer Do?

A Denver family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don't get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A Denver family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a Denver family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The Denver lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A Denver lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child's education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A Denver family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of a Denver attorney.

Family Law and Children

Denver Family Law regarding children varies massively depending on the parent's relationship. When parents separate, their involvement with their children could be hugely different depending on whether they were married or not. Parents who were married will both usually have significant contact with a child, whereas the Father's rights are much diminished if they were not. The law treats married and unmarried Father's very differently.

When a married couple with children divorce, they are both legally entitled to full involvement in their child's life and in decisions affecting their upbringing. The absent parent has an automatic right to know where their child is living and to see them on a regular basis. He/she will have a legal right to certain information such as school and medical reports. These factors are designed to benefit the child, meaning they have the advantages of being with both parents.

If separated parents were not married, then the Mother has automatic parental responsibility. This means that the Father's rights are not the same as married Father's. He cannot prevent his child from taking their Mother's surname, even if he/she previously had his surname. The Father is also unable to take his child abroad on holiday, and has no say in the child's religion or school. The reality is he could have no say in the child's life what so ever. He doesn't even have an automatic right to look after his child if the child's Mother dies. Unmarried Father's are treated similarly to step-father's even though the are the biological Father of the child.

There are of course exceptions to these general rules. The law regarding unmarried Father's has changed with regards to children born since 1st December 2003. If a Father's name appears on the birth certificate and his child was born after this date he has the same legal rights as a previously married Father. Children born prior to this date actually remain the same still.

There are exceptional circumstances where divorced Father's are not given their normal rights. These will be cases where it is considered in the child's best interests that their Father does not have such as active involvement, or no involvement as all. Meanwhile there are ways in which unmarried Father's can request more involvement. The agreement of the child's Mother is the most obvious, and most Mother's are happy for the Father to have an active role. However, if the Mother does not agree it can be very difficult for the Father. They might then have to resort to getting a court order to force the Mother to allow access.

Many are surprised when they hear of the lack of rights that unmarried Father's have. The good news for Father's who will be in this position in the future is that the law has changed since December 2003. However, the difficulties to those Father's with children born previously to this are still the same as they always have been. The reason stated for both parents being involved in their child's future if they were previously married is that it is for the good of the child. Surely then, the same should apply to unmarried Father'.

(Source: Andrew Marshall)

Getting Help from A Denver Family Law Attorney

Denver Family law refers to areas of law such as divorce, child support, adoption, pre-nuptial agreements and child custody. If you are dealing with a family law issue in Denver we almost always recommend that you hire a Denver based Family law attorney to handle your case or someone who regularly appears there.

Denver family law cases are split up into three basic divisions: Domestic Relations, Child Support, and Child Protection. Domestic Relations courts hear divorce, child custody, and visitation matters. Child Support courts hear all cases regarding payment of support fees by a parent to the parent in custody of the child. Child Protection courts hear all cases of abused or neglected children.

Suburban based domestic relations claims, while filed in the same division as Denver claims, are routed to the sitting family law judge in that suburb's district. As a result, this may result in a more localized atmosphere, with judges becoming accustomed to certain attorneys.

Anyone going through a family law related legal matter should contact an experienced Denver Family law attorney to ensure that they are represented to their most beneficial legal degree.

The Differences Between Married and Cohabiting Couples

Cohabiting couples are unmarried couples who live together. There are now more cohabiting couples than ever before with over two million in the United Kingdom. The family environment in numerous of these cases is very similar to married couples, but the legal rules applying to them are absolutely different. There are a lot of differences in Denver Family Law between married and unmarried couples who live together.

Contradictory to popular belief there is not any such thing as a common law partner or other half. Many believe that after a pair have lived together for a certain period they are for all intents and purposes a married couple, but this isn't the case. They do not benefit from any matrimonial legislation ; actually the same rules apply as any one else who live together, for example two pals living as flat mates. While a married couple are treated by the law as a family, cohabiting couples aren't. This implies that if there is a split of the relationship one can't claim maintenance from the other. If one half of married couple leaves work to look after children the couple may have, and there is a divorce, the working parent will generally have to compensate the other party. This is not the case with cohabiting couples.

If the couple share a home and just one of their names is on the mortgage, then ( s ) he's the legal owner of the home. This means that if that person dies, the other party doesn't inherit the home unless stated in a will. If the couple separate the person whose name is on the mortgage will own one hundred % of the property and can sell it as they please. This will be automatically the case even if the other person has been contributing towards the mortgage or other parts of the up keep of the household, for example bills.

If a couple have separate bank accounts then neither person has any rights to the others account. This remains the case if the couple separate. While in a divorce the finances will be split according to a magistrates decision, with the separation of a unmarried couple each person will keep his/her assets. If they have a joint account and can't agree on who is entitled to what, then a court will decide. With a divorce there is not any real difference in whether the couple have separate accounts or a joint one. This is not the case with a cohabiting couple.

Something that's surprising to several is that Denver Family Law differs with married and single couples when it comes to dad's after a relationship break up. It's a lot easy for a Father who was married to his children's mum to get rights to see his youngsters. Up until December 2001 a father who was not married to his youngsters's Mother had no rights to see his children at all. This meant the ma could stop him seeing his kids without any reason. This has changed for children born after December 2001, but it is still easier for Father's's who are, or have been, married to the child's Mother.

Unmarried couples who live together can enter into a cohabiting agreement. This records assets that belong to each person, and which they share, and thus how things will be split in the unlucky circumstance of a split. It also sets out who will contribute towards particular things like mortgage or rent payments, or youngsters. Anything can be recorded in this agreement, with the most common being houses, finances and kids.

The popular belief that Family Law is the same, or very similar, with married couples and cohabiting couples is inaccurate. There are many differences between the two, something that becomes especially important in the eventuality of a separation.

How to Protect Financial Interests in A Divorce

Denver Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

Denver Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

If you are going through a divorce, you may be better served by seeking more spousal support and child support, and less physical property, in the property settlement if you suspect your spouse may be considering filing for bankruptcy. The advantage to you is that domestic support obligations are no longer dischargeable in bankruptcy. So even if your spouse files for bankruptcy, the spousal support and child support obligations do not go away.

Property settlements, however, can be discharged in bankruptcy. Even worse, they can come back to bite you if your name is on the loan document when your former spouse files for bankruptcy. In that event, the lender may come after you for the entire amount owed, instead of just the part that was awarded to you in the property settlement.

Bankruptcy courts have the task of determining what is considered support and what is a property settlement. Some of the criteria they use include asking:

• Does the obligation terminate or reduce with the occurrence of certain events, like remarriage or a child turning 18?
• Is the obligation in installments or a lump sum?
• Are there minor children?
• What is the relative health and education of the parties?
• Was there a need for support at the time of the divorce?

So if you think your spouse is contemplating bankruptcy after your divorce is final, you'll want to word your property settlement in such a way that your soon-to-be-ex's obligation looks and acts as much as possible like a support obligation instead of a property settlement. That is so simply because support obligations are more difficult to have discharged in bankruptcy court.

If you are looking for a Denver bankruptcy lawyer or a family law attorney, Cohen & Cohen law firm serves the Denver area for both of these legal fields. Cohen & Cohen law firm has helped families in Denver the last 8 years. Cohen & Cohen will protect your rights with firm and just legal services when you need legal help in such areas as Denver Bankruptcy, Divorce/Family Law, Civil Litigation, Consumer Litigation (including FDCPA & FCRA violations), and our general practice areas of Estate Planning, Contract Drafting, Colorado Real Estate and Real Property issues, and formation of Corporate Entities.

Family Law Attorneys Increases With Divorce Rate

By Mike Selvon

No one doubts that divorce lawyers are seeing an increase in the number of clients they see each day. Divorces are the number one area that family law covers but there are many other issues that it presides over as well. Uncontested divorces make up a very small percentage of the cases that an attorney sees each day.

Most times there are significant issues that must be handled with the help of a knowledgeable attorney. Perhaps that is why so many law students are turning to this area of practice. They are definitely guaranteed work for years to come.

Family law is not just about divorces. There are many firms that specialize in other areas that are covered by family laws. It may be an adoption or the making of a trust fund or will. The divorce attorney is just one aspect of this specialization. He or she may also cover spousal abuse, annulments or even prenuptial agreements. They can also handle real estate transactions if they are experienced in real estate litigation.

In the case of separation, the attorneys for both parties must draw up divorce papers. These documents are going to cover all material possessions, as well as any financial information. The papers will also include information regarding who is going to retain custody of any children from the marriage, as well as child support.

In uncontested divorces, the process is usually pretty quick, as the two partners have already agreed on the split of any possessions and finances along with who will be the primary caregiver of the child. This type of separation is also the cheapest to obtain. Generally, one family lawyer is used and the fees are pretty reasonable.

If there are problems coming to an agreement regarding the settlement and custody, then the lawyers may request the service of a divorce mediation professional. This professional will listen to each party and then try to help them reach an amicable settlement. It does not mean that one party comes out ahead. There will be gains and losses on both sides. No one wins in a separation. There are always casualties and hard feelings if the separation is bitter.

Family law is a growing practice and many attorneys are specializing in this area of the law simply because the divorce rate is climbing. If you find yourself in need of a family lawyer, then you should ask around. Your family, friends or coworkers may know of a great attorney who can help you through your time of need. It will not be an easy process but you can get through it with as little fuss as possible if you act responsibly and maturely.

A free filing for divorce audio gift awaits you at Mike Selvon portal site, where you can enrich your knowledge further about family law.

Family Law Attorneys Can Help

Raising a family can be one of the most difficult yet one of the most rewarding experiences of your lifetime. However, when things begin to go wrong between you and your spouse, this will likely be the most difficult time of all.

Many things can go wrong in a family, especially if you and your spouse decide to call it quits on your marriage. If this happens, you will have to go through many processes to end things and separate your lives, especially if you have children. In this case you will probably want to think about hiring a Denver family law attorney to help you through everything.

A Colorado family law attorney specializes in the processes that you will go through in ending your marriage and can be very effective in easing the situation. The processes that you will likely have to go through that this legal professional can help out with include a child custody hearing as well as a child support hearing.

Probably the most difficult part of ending your marriage will be when it comes time for the court to decide which parent will be awarded custody of the children. When it comes to this hearing, it is a major benefit to have a legal professional on your side fighting for you right to be awarded custody of your children. Additionally, after the custody battle is settled, you will likely have to go through the support hearing, which is just as important to have a professional on your team.

Ending a marriage is hard enough without attempting to go through the legal process alone. If you are facing this situation, you might want to think about hiring a family law attorney. These professionals specialize in the situation that you are going through and will have the knowledge you lead you through the process successfully.

Family Law Courts

Denver family law courts take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies, and many such cases related to family.

Colorado family law courts also deal with regular cases relating to criminal laws, property related laws, probation law, trusts, and so on. However, the majority of the cases that come to family law courts are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases. Family law courts are specialized in all the legalities involved in such cases.

As you can imagine, Denver divorce law courts are some of the most crowded courts in America. They deal with social and economic issues so universal that the courts can hardly bear the brunt of the demand. As a result, family courts are notoriously underfunded. Economically disadvantaged people often get left by the wayside when trying to gain monetary compensation for just cause.

Family law courts are the subject of much criticism as well for prejudice. Many think one gender or the other is favored in family courts. This may or may not be the case, but it might be impossible to study, since the numbers are so great. Until then, the family courts are a necessary aspect to a society in which people can treat each other unfairly sometimes.

Type of Child Custody

When parents divorce, they have to decide where the child will live. They also have to make decisions regarding the upbringing of the child. Child custody laws describe the rights and responsibilities of parents for their child. Each parent should retain the services of an experienced Denver family law attorney.

Physical custody will generally describe who the child will live with. The parent may agree on physical custody, or the court may order a parenting plan. In general, a child will live primarily with one parent. The parent would be considered as sole physical custody. The other parent would be non-custodial parent. If the child lives equally with both parents, the parents are said to have joint physical custody.

Legal custody will generally describe the decision making on upbringing of the child. In most cases, both parents will have joint legal custody of the child. However, the court awards sole custody to one of the parents in some cases.

Legal custody is very different from physical custody. For instance, a parent with legal custody has the right to decide on the child’s medical care, dental care, education, and religion. However, the child may or may not live with that parent. It is important for the parent to understand the difference before making a request for legal custody.

Legal battles over child custody can be long and expensive. Both parents will need to pay very expensive legal fees to family courts and Denver family law attorneys. If it is possible, parents should come to an agreement on physical and legal custody of the child without the family courts.

Questions to Ask your Denver Divorce Lawyer

Legal dissolution of a marriage is known as divorce. A person needs a very good and affordable Denver divorce lawyer to give guidance through this difficult and painful experience. A typical divorce comes with a package of legal technicalities that extremely difficult to handle without professional help. Denver divorce Lawyers offer solutions to problems involved in a divorce and provide legal advice. It is important to not consult the same lawyer retained by a spouse. It is very important to find an expert lawyer who specializes in family law. An individual may ask friends or family for references, or go to the Internet for lawyers in the Denver area. After selecting a Divorce lawyer, an interview should be arranged to get answers to all questions.

It is recommended that a person make a list of questions for the Divorce lawyer to avoid making the wrong choice. The first question should be how much experience the lawyer has. It is important to know how many similar cases the lawyer has handled. Ideally, a Denver Divorce lawyer must have at least 10 years of experience in the field of family law. It is critical to ask for references, the minute details involved in a divorce case and the procedure of obtaining divorce. A person must also find out the period of time required to get a divorce. It is vital to know if the lawyer schedules appointments to discuss the case from time to time. It is essential to inquire about the various fees involved and the hourly rates for the service provided by the lawyer and his team of legal assistants. The person must ask for a written retainer agreement that states everything the divorce lawyer has agreed to do for you and his respective fees.

Persons seeking a divorce should consult with more than one lawyer to make certain they are making the right choice in legal representation. They must not hesitate to ask questions as the decision on which Denver lawyer to retain, may influence the course of the divorce proceedings.

How to Communicate Effectively with Your Family Law Attorney

You have heard it said many times. For any relationship to flourish the parties involved ought to communicate, to relate their ideas and feelings. The relationship you have with your Denver family lawyer takes no exception. Only that your attorney works for you. Presented here is a brief guide on how to appropriately interact with your attorney.

General principles first: Make your mind known on any and every material issue. After all, it's your case-your life. Remember, however, that the Denver family law attorney is not a rubber stamp, merely, but has expert knowledge that can advantage you in legal proceedings. You should thus be willing not only to compromise but to trust, to trust that your attorney seeks the best possible outcome for you.

The question now arises: how does one build this trust? Well, try calling your attorney every now and then. Ask for updates on progress made and inquire on the general strategy being used to argue your case. True, you don't have to call everyday, but do call. Email, and fax too, can accomplish the same goal. Even snail mail will do. Of course, which mode of communication you ultimately choose will depend on the urgency of your concerns. The point here is this-that you need to communicate with your attorney.

But communication is a two way process. The attorney-client relationship will not work well unless the attorney also communicates. More pointedly, your attorney must respond to your communications. Otherwise there is no point in you communicating in the first place. You deserve answers. You deserve to know what is going on. A good attorney will keep you up to speed on all details relevant to your case through regular communication and by timely responding to your questions and concerns.

So be on the lookout when you visit a Denver family law attorney for an initial consultation. Face to face communication is the only way to establish rapport; this is how you decide whether you are going to retain a particular attorney or not. Don't hesitate to ask questions. Take notes if you have to. Bear in mind that the person before you could the one to see you through a time among the most difficult times in your life, be it divorce, child custody, or any other family dispute. You wanted a trusted partner in these critical moments. Choose an attorney who understands you and has your best interests at heart.

Understanding the Basics of Child Custody and Divorce Law - Protect Your Parental Rights!

When two adults get divorced and there are children involved, decisions as to which spouse will gain custody of the children are always a critical - and emotionally draining - issue.

Child custody and divorce laws vary from state to state, so for the sake of this article we will be focusing on Divorce Law in the state of Colorado. If you do not live in the state of Colorado, I recommend that you read this article to get a basic understanding of Child Custody & Divorce Law in general, and then check with an attorney in your home state to see how your state's particular laws may vary.

Under Colorado Divorce Law, Colorado does not favor either the mother or the father. Rather, Colorado divorce law strives to analyze the relationship each child has with each parent, and work towards the best interest of the children.

Colorado divorce and family law allows for a number of different types of child custody, including: temporary custody, sole custody, split custody, and joint custody.

Temporary custody under Denver divorce law is exactly what the name implies. It involves which parent has custody of the children at that moment. Temporary custody can be overturned easily under Colorado law if it is discovered that the children are in an unsafe situation.

Sole custody under Colorado law is often referred to as 'legal custody.' This means that one parent has the authority to make long range plans that include (but are not limited to) moves, education, or life changing circumstances that affect the children. If a parent has sole custody under Colorado law, they do not need to have the permission of the other parent to make these decisions.

Split custody under Colorado law is where two or more children are involved, and the children live with different spouses. Oftentimes this decision is based upon the preference of the children as to whom they would prefer to live with.

Joint custody under Colorado law is where both parents have control over the upbringing of the children involved. In this type of custody decision, both parents must be able to communicate for the benefit of the children, and be able to come to agreements about how to raise the children. If the spouses are constantly fighting, the court can (and often will) deny a request of joint custody.

When issues of child custody come up in a Colorado divorce, many wonder or not they should hire a Denver divorce attorney. While a Denver attorney is not always needed, I do highly recommend that you have an attorney licensed to practice in the state of Colorado and familiar with Colorado Child Custody and Divorce Law on your side. Importantly, if you are involved in a hostile divorce, or if the other spouse has a Colorado attorney representing them, I definitely recommend that you hire experienced Colorado divorce attorneys, such as the legal team at Cohen & Cohen who are Divorce Attorneys in Denver.

Of course, there are times when two spouses going through the divorce are able to come to a mutual agreement regarding child custody. If this is the case, then a stipulation and consent order should be filed with the court. The order must be very specific as to the custody of the children. The order should include which parent will have legal custody of the children after the divorce, as well as which parent will have the children during holidays. Also, all sorts of contingencies must be taken into consideration. If one parent is running late and can not meet scheduled visitations, do the visitations get rescheduled? No mater how trivial it may seem, every conceivable issue regarding the divorce and custody of the children need to be discussed and placed in the consent order to prevent misunderstandings in the future regarding child custody.

It is important to note that many parents will want to change or modify their child custody agreement after it has been made. If you desire to do this, then you must provide evidence as to why the agreement should be modified. The state of Colorado wants the child to live a stable life.

Remember, when you are thinking or discussing child custody, the most important factor will be the best interests of the children involved. Their feelings, thoughts, and most importantly their safety and stability are the primary concern of the courts under Colorado law. To protect your rights and the rights of your children, we highly recommend you have a knowledgeable Denver divorce attorney by your side every step of the way.

Using Family Law Software For Successful Co-Parenting

There have been many developments in family law software to help people with their custody cases. There are various programs that are available that can help parents create custody agreements, set up custody and visitation schedules, track the time that each parent has with the children, etc. One benefit of some of the family law software is that it can assist parents who decide to try co-parenting.

Co-parenting is a type of custody agreement where the parents both try to stay involved and parent their children. This is a different approach than single parenting where one parent is left with the majority of responsibility for the children while the other parent does very little. In a co-parenting arrangement, both parents care for the children and make decisions about childcare, education, religion, and other important issues.

An obstacle that many parents have to overcome in co-parenting is creating a schedule that allows both parents to be involved with the children. Often this schedule is complex with many switches in custody throughout the month. Parents have to remember multiple pick up and drop off times as well as other important events. This can be overwhelming and confusing.

This is where a custody software program might be able to help. There is software that lets parents sit down and quickly create a custody and visitation schedule. This can save parents a lot of time because they don't have to manually go through a calendar and schedule everything in. They can sit at the computer and with a few clicks of the mouse they can have their schedule all set up. The parents then have a nice, clean calendar to hang up to remind them of all the transfers and visitation days.

Along with creating the schedule, many software programs show the time-share percentage that each parent has with the children. This is nice because then both parents know that they are getting equal time with the children.

There are also programs that let you track the visits and take notes about what happened during visits and other events. This can be a great aid in communication between the parents. Some programs also let you track expenses and other things.

It's important to find a family law software that will help you. It should be easy to use--because you have enough frustrations as it is. It should allow you to easily create things that will assist you in being successful with co-parenting.

Divorce Law Basics From an Expert Divorce Attorney

Written by: Christine OKelly

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced family law attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

What Does A Family Law Attorney Do?

Written by: Nick Hantge

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don't get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A Denver family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a Denver lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A Denver divorce lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child's education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A Denver family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of a Denver attorney.

Denver Family Lawyers

Written by: Nick Hantge

Among the different areas of law, one of the most sensitive to handle is family law. This is because lawyers who specialize in family law deal with some of the most sensitive cases, including divorces, annulments, family property disputes, child abuse cases, legitimacy, and adoption cases. Given this, people who find themselves facing these scenarios would do well to get the services of a good Denver family lawyer who is not only competent with regard to family law but also someone who knows how to handle very sensitive cases. A good family lawyer who can make the process of dissolving partnerships, formulating divorce settlements, and making child custody agreements less "ugly" can help you lessen the pain that comes with these scenarios.

Finding A Good Family Lawyer in Denver

Given the need to ensure that you get a good family lawyer, you should be aware of the things that you need to consider when hiring a family lawyer. One of the most important considerations is the experience of the lawyer you are considering. Vast experience in the practice of family law can ensure that a lawyer knows how to effectively handle the case. In addition to this, you should also consider the reputation of the lawyer, not only among his clients but also among other lawyers because what other lawyers say about their colleagues can say a lot about the competency and skill of a lawyer. Other considerations include the location of the lawyer, which is very important if in case you need to meet your lawyer on a regular basis, and the fees that he charges.

By being able to consider the very important things that have been mentioned, you can increase your chances of getting the right Denver family lawyer. This is very important because there are instances wherein you are not only up against, for example, the stress of a legal process against your relatives, but you may also have to contend with some of the toughest and strictest family laws. This is very true in places like Denver, where there is a stringent family code in place and where thousands of family cases are handled every year.

Given the sensitivity of cases that involve disputes between family members, the need for a good Denver family lawyer becomes very important. The good news is that as long as you know how to look for the right family lawyer, which involves asking very important questions, you can be assured that you will find a good family lawyer who can make dealing with very sensitive cases more bearable.

Family Law Covers a Variety of Issues

Family law matters represent a sizable chunk of any jurisdiction's docket and can be among the most emotionally charged matters seen in court.

Family law deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.

Divorce and child custody cases make up the vast majority of family law cases. It requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.

Adoption makes up a smaller, but significant area of family law. In adoption, some or all of the rights of the original parents are terminated, and the adopting family gains these rights in a law court. Attorneys in these cases handle negotiations with birth parents or the state, and finalize any agreements among the parties.

Paternity is yet another area of family law. Paternity cases determine the biological parents of a child and establish these parents' rights and responsibilities with regard to the child. As traditional marriage becomes less common, paternity suits and related child support and custody cases are on the rise.

Civil union litigation are an emerging area of family law, as traditional marriage has been joined by civil unions as a legal option. It is litigation that may arise related to civil unions include the dissolution of civil unions, adoption and child custody issues and property and legacy issues.

Our aging population is also giving rise to an increase in guardianship and power-of-attorney actions regarding elderly relatives no longer able to manage their affairs. Attorneys can help the adult children of elderly parents settle disputes and collaborate in the long-term care of their loved ones.

Family law is a dynamic and growing area of the law and parties involved would be well-advised to become as well-informed concerning the subject as possible to better be able to ask and answer questions of their attorney.

Family Law and Children

Family Law regarding children varies massively depending on the parental relationship. When parents separate, their involvement with their children could be hugely different depending on whether they were married or not. Parents who were married will both usually have significant contact with a child, whereas the father's rights are much diminished if they were not. The law treats married and unmarried fathers very differently.

When a married couple with children divorce, they are both legally entitled to full involvement in their child's life and in decisions affecting their upbringing. The absent parent has an automatic right to know where their child is living and to see them on a regular basis. He/she will have a legal right to certain information such as school and medical reports. These factors are designed to benefit the child, meaning they have the advantages of being with both parents.

If separated parents were not married, then the mother has automatic parental responsibility. This means that the father's rights are not the same as married father's. He cannot prevent his child from taking their mother's surname, even if he/she previously had his surname. The father is also unable to take his child abroad on holiday, and has no say in the child's religion or school. If fact he could have no say in the child's life whatsoever. He doesn't even have an automatic right to look after his child if the child's mother dies. Unmarried fathers are treated similarly to step-fathers even though the are the biological father.

There are of course exceptions to these general rules. The law regarding unmarried fathers has changed with regards to children born since 1st December 2003. If a father's name appears on the birth certificate and his child was born after this date he has the same legal rights as a previously married father. However the law for children born prior to this date remains the same.

There are exceptional circumstances where divorced fathers are not given their normal rights. These will be cases where it is considered in the child's best interests that their father does not have such an active involvement, or no involvement as all. Meanwhile there are ways in which unmarried Father's can request more involvement. The agreement of the child's mother is the most obvious, and most mothers are happy for the father to have an active role. However, if the mother does not agree it can be very difficult for the father. They might then have to resort to getting a court order to force the mother to allow access.

Many are surprised when they hear of the lack of rights that unmarried fathers have. The good news for fathers who will be in this position in the future is that the law has changed since December 2003. However, the difficulties to those fathers with children born previously to this are still the same as they always have been. The reason stated for both parents being involved in their child's future if they were previously married is that it is for the good of the child. Surely then, the same should apply to unmarried father.