What is family law III?

Defined, family laws are the laws that encompass legal issues that confront families. These issues can be divorce, custody matters, child support, adoption, paternity concerns, abuse and spousal support. Family law can also encompass mediation, annulments, protection orders and pre and post-nuptial agreements.

When seeking restitution or resolve through family law courts you do need to hire a good attorney and question the attorney concerning his experience in practicing family law. Question the attorney concerning what likes about practicing family law, what the challenges are and what skills are needed to practice family law. There are always changes in laws and an attorney needs to be aware of the changes and trends in family law. Is the divorce attorney aware of these changes and can he use them to protect his clients.

Most attorneys find themselves playing a counselor role when working with clients and family law cases. Divorce is a highly stressed and emotional time and helping clients work though family issues takes care and dedication. It is a challenge when one or both parties are not fully honest or forthcoming concerning possessions, plans and actions and the reasons for the divorce. To navigate through the complications of family law, it is important that you know what part the judge will play in your case and how you can best present your custody, abuse, support or divorce case.

An attorney can guide you through these questions but if you choose to defend yourself in family court you do need to be prepared to answer hard questions that relate to custody, spousal support and child needs. Follow court protocol, speak when spoken to and address the judge only if you are asked a direct question. Be honest when working through family laws. Whatever you do, do not circumvent family laws, lie to the judge, or hide assets. The latest trends in family law include Collaborative Law or a structured process that provides divorcing couples with family law issues an alternative to litigation.

By using collaborative law you can keep control of your situation and use your attorney when engaging in group meetings, negotiations and discussions to help resolve family matters. Collaborative Law is designed to resolve issues without going to court and family law can work well in this forum.

DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net

Rules of Family Law II

The first rule of family law and divorce is mandatory disclosure. These disclosures are filed shortly after the respondent answers and counters or are in agreement to the divorce terms. Disclosures must include all financial papers including bank account statements, retirement accounts, credit card statements as well as titles to homes and vehicles. It is against the law to hide assets in a divorce case.

The second rule involves interrogatories that need to be filled out. Interrogatories are questions that both parties must answer and you need to respond to each question fully. Third is the request for admissions which include information about custody issues, questionable documents and financial support. Fourth is the deposition phase which includes discussions about topics of contention form custody to financial issues.

Depositions are taken under oath in front of a judge, recorded by court reporters and filed with the court.

DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net

Rules of Family Law

The first rule of family law and divorce is mandatory disclosure. These disclosures are filed shortly after the respondent answers and counters petitions to the divorce. Disclosure comprises all financial papers including bank account statements, retirement accounts, credit card statements as well as titles to homes and vehicles.

Student loan statements also need to be included. Both parties need copies of financial documents and a family law financial affidavit must be filed with the court. The second rule involves interrogatories that are used in contested cases. This is a procedure when assets and liabilities are involved. Interrogatories are questions that both parties need to answer and most states limit the number of question that can be asked. You need to respond to each question fully; nothing can be left blank, and if you do not have the property questioned in your possession, you need to indicate where the property is located. Thirdly is the request for admissions.

This is a form of discovery governed by family law rules. This request for admissions is required from the served party. The request for admission requires specific information about certain activities. Custody cases can be held to find information about children who have been injured or taken to a doctors for an emergency. Doctors, frequency of visits and reasons for visits need to be documented. Additional requests of admissions can involve documents hidden or forged by one party, lack of forthcoming information, or ignoring a request. Fourth is the deposition phase.

These are very common in family law and divorce and cover topics from contention to custody to financial issues. Depositions are always taken under oath and in front of a judge. If divorce attorneys are involved the attorney may attend the deposition with the client, but this is not mandatory. Depositions are recorded by court reporters, either through video or tape recorder and given to opposing attorneys. These depositions are filed with the court and become part of the family law documents.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net