Common Family Law Questions

Family law is a blanket term to describe a number of different legal matters that can include everything from divorce to child custody to domestic violence. When it comes to these issues, there are a number of common questions and situations that family law attorneys are asked to describe and answer questions about.

Before we look at a general overview of family law in California, let’s first get a better understanding of what a family law attorney even does.

What Does a Family Law Attorney Do?

To put it broadly, family law attorneys work with clients and represent them in court on all issues related to divorce, which includes dividing marital assets and debts, developing parenting plans and child custody, child support and spousal support (often called “alimony”), and more. Some family law attorneys also work on prenuptial and postnuptial agreements, as well. Other family law attorneys can assist with guardianships, step-parent adoptions, and changing the name of a child.  Many family law attorneys will also consult with you, or represent you if you are in mediation.

Oftentimes when it comes to family law, many people think they don’t need to get an attorney involved as they think it might make the situation worse. However, having an individual on your side who understands the legal issues, the potential pitfalls and opportunities of your situation, and can advise in your best interest can end up being a huge win for you.

California Family Law Overview

As we’ve mentioned before, family law consists of many different things, and individuals who are going through family law legal proceedings may have some questions surrounding their situations.  To that end, we’ll take a look at some of the common questions that we get asked.

How Does Custody Work?

If you are in the middle of a divorce or separation proceeding or simply have a custody dispute, you may be wondering how this will affect your child and how child custody will work. While all situations are different, in general, it will come down to what the judge believes is in the best interest of the child or children. They will look at a number of different factors including living situations, any history of abuse, sometimes the child’s wishes, and more to make the best decision with the child’s best interests in mind.

Can You Get a Divorce Without a Lawyer?

Absolutely, you can get a divorce without a lawyer. That said, there are deadlines and significant requirements related to disclosures and filings that you will have to learn about in order to get your case filed and eventually finished. While it is possible to go through divorce litigation without the help of a lawyer, getting a divorce attorney is strongly recommended as they have a much better understanding of the laws that surround this subject and will be able to advise you on the best plan of action for whatever your particular situation may be.

Do I Need a Family Law Attorney?

This is somewhat similar to the question above, but in general, when it comes to matters of family law it is always best to get a professional to help you. Attorneys can work with you to present your case in the best light possible, making your situation, whether it is divorce, child custody, spousal support, or something else all the better.

Have A Bay Area Family Law Attorney to Help You Today

These are just a couple of the common questions that people can have for family law attorneys. 

Here at Hart Ginney LLP we can help you through whatever family legal matter you are dealing with. If you would like to learn more about how a family law attorney can help you, please give us a call today at (510) 628-0250 to set up your consultation.