Are you wondering if you should hire a family lawyer? This is a common question, especially when you’re dealing with issues like divorce or child custody. The answer is often yes. That’s because matters related to marriage and children are usually significant and life-altering. Therefore, it’s crucial to seek guidance from an experienced family lawyer.
Even if you believe your problem is minor, it’s a good idea to at least have a conversation with a family lawyer. Legal advice isn’t just for wealthy individuals; it’s beneficial for everyone when it comes to sensitive personal matters. The right advice can have a substantial impact on your future and finances.
To help you make an informed decision, here are some situations where you probably need a family lawyer.
Also read: 6 Common Aspects You Shouldn’t Waste Your Time With
Do I Need a Family Lawyer’s Assistance?
Here are some situations where you might need legal support:
- Consent Orders for Asset Division: If you’ve separated from your partner and need to split your assets, it’s crucial to document your agreements clearly and without ambiguity. Failing to establish consent orders could lead to future court disputes, potentially harming your interests. Seeking guidance from a family lawyer is advisable to ensure proper documentation and informed decisions.
- Relocating with Children: When you share children with an ex-partner and plan to relocate, consulting with a family lawyer is wise. Relocating without obtaining the necessary consent from your ex-partner might result in court involvement and potentially a forced return. The court will assess whether the move is in the best interests of the children. Many fathers, for instance, may not be aware of their rights in such cases. It’s a mistake to delay legal advice until after the move, as the court may consider the children’s established environment when making decisions.
- Asset Division During Separation: After a relationship ends, individuals often lose control over a significant portion of their assets, and some may attempt to conceal assets. If you’re going through a separation and have assets to divide, it’s a smart move to consult a family lawyer for guidance. They can help protect your interests and ensure a fair distribution of assets.
- De Facto Relationships: In de facto relationships, some people wrongly believe that they don’t have the same legal rights as married couples. However, the reality is that, legally, they are quite similar, especially after two years. If you’re in a de facto relationship and facing a breakup, it’s a good idea to seek legal advice.
- No-Fault Divorce: There’s a common misconception that assigning blame or ‘fault’ plays a role in divorce or separation. In reality, our courts operate on a ‘no-fault’ principle, which means they won’t divide assets based on who is or isn’t at fault in a divorce.These are just a couple of situations where seeking legal counsel may be necessary, but there are many other circumstances when it’s wise to get legal advice.
Factors to Consider When Choosing a Family Lawyer
Your Objectives
Before making the decision to hire a family lawyer, it’s essential to assess your situation and define your goals. Ask yourself:
- Are you seeking general advice, or will you need a lawyer to handle a legal proceeding?
- What approach do you prefer? Do you aim for an amicable resolution, or is a more assertive approach necessary?
- Consider how your chosen approach will impact your current and future relationships with all parties involved.
Being prepared for your initial consultation by understanding your goals will help you find a family lawyer who aligns with your specific needs.
Experience in Family Law
Family law deals with sensitive and emotionally charged legal matters involving families. An experienced family lawyer will possess a deep understanding of family law proceedings and the expertise to represent your case effectively, including courtroom appearances if required. They should stay updated on legal developments affecting family law and maintain high professional standards due to the delicate nature of these cases.
Knowledge of Local Jurisdiction
Family laws can vary from one region to another. It’s advantageous to hire a lawyer who practices in and comprehends the laws and precedents in your specific province. A family lawyer with local experience will be familiar with the procedures of local courts, as well as the prosecutors and judges involved in your case.
Whenever possible, consider hiring a family lawyer located near the court where your case will be heard. This can help reduce travel expenses that you might incur if the lawyer needs to attend court hearings.
Effective Communication
When it comes to handling legal matters related to family issues, it’s crucial to find a lawyer with whom you can openly discuss all the details of your case. You also want a lawyer who will be clear about the steps involved in your case and who can advocate on your behalf using an approach that suits your personality.
If you have the chance to meet with multiple lawyers, use your initial consultation to express your expectations and seek clarification. Assess the lawyer’s responsiveness and demeanor, and gauge your comfort level. Clearly define how you’d like communication to be handled, the frequency of updates you require, and your preferred communication method (phone or email). Ensure you can speak directly to your lawyer rather than a third party.
Transparent Legal Costs
During your meetings with your lawyer, it’s important to understand your budget and convey it to your lawyer. In return, your family lawyer should be upfront about their legal fees. There should be no ambiguity when explaining their billing process and any associated costs. Your family lawyer may also offer the option to tailor their pricing by having less experienced colleagues handle certain aspects of your case to help you manage your expenses.
Recommendations
When searching for a family lawyer, it’s wise to conduct thorough research. If possible, seek recommendations from trusted sources or consult with family members and friends to learn about the reputation of the family lawyer you’re considering. Look for reviews and testimonials that can offer insights into the experiences of past clients.