What Does Family Law Encompass?
Family Law is an area of litigation that many lawyers desire to remain as far away from as possible. This is because of the large emotional component involved, as clients are experiencing what is likely one of the most difficult times in their lives. In contrast, there are other attorneys who are drawn to this practice area for the same reasons. We at the Virga Law Firm desire to assist you during life’s hardest moments and provide legal advice in the complex areas of marriage, families, relationships, children, financial stability, and property division. Speak with an Orlando Family Law Attorney today to discuss your unique family law case.
Family law embodies the most sensitive and emotional topics of an individual’s life. The cases that fall under this category of law involve the combination and collaboration of many different areas of law requiring a great deal of experience and knowledge. There are many cases that can be handled by an Orlando Family Law Attorney, as family law is not limited to what is considered the typical definition of “family” as a husband, wife, and children. Instead, it covers a broad number of cases that may be brought by parties who are unmarried, married, already divorced, or matters not relating to marriage at all. The list of cases covered under the category of Family Law is below.
Divorce is the most common type of case attributed to Family Law. Of course, this is the process of dissolving a marriage; dividing up assets and liabilities; assessing the need of financial support; and defining parental rights through determination of child custody, parenting plans, and child support.
Annulment is another form of dissolving a marriage, however, this differs from divorce as the court provides the marriage to be legally void. Therefore, there was no marriage in the eyes of the law, resulting in no division of property or other matters to be resolved in said proceeding.
Alimony, though generally only seen in divorce proceedings, may have an action independent from a dissolution. When a spouse is neglecting to provide financially for their spouse and the party can show there is both a financial need and a respective ability to pay this need from the other spouse, an action for alimony may be brought before the court.
Juvenile delinquency also falls under the umbrella of Family Law cases, as juveniles are typically treated with different statutory standards and requirements in comparison to the adult system. Therefore, in some cases it may be necessary to employ a Family Law Attorney rather than a Criminal Defense Attorney to handle certain juvenile cases.
Injunctions for Protection Against Domestic Violence also can be handled by a Family Law Attorney as the interpersonal relationship required for such actions involve family matters, typically spouses or parents sharing a minor child.
Establishment and Disestablishment of Paternity are common cases in Family Law that involve the child parent relationship. These cases can become difficult when standing to bring an action is questioned or the necessary evidence, such as DNA, is being refused or difficult to obtain. Therefore, it is imperative to find assistance in an experienced Orlando Divorce Attorney.
Termination of Parental Rights is one of the most unfortunate and difficult cases to litigate, as it involves the removal of the parent child relationship. The court is extremely hesitant to terminate a parent’s legal rights to a child for many public policy and constitutional reasons. Therefore, if engaging in a termination of parental rights, proper representation by a Family Law Attorney is necessary to successfully argue the essential evidence and factors of such measures before the judge.
Child Custody is also a well-known topic of Family Law. However, there are many areas of child custody that a Family Lawyer must be knowledgeable of in order to provide adequate representation. For instance, in a child custody case you will inevitably need to argue parental fitness, child’s best interest, a proper visitation or timesharing schedule, an adequate child support award and require the court to define the minor details of a parenting plan, such as education, religion, birthdays, etc. Child Custody cases may also return to court if a parent wishes to relocate with the minor child outside of the statutory radius. In these cases, there are important factors to bring the court’s attention to, in order to receive a favorable ruling.
Adoption is one of the few cases in Family Law that generally brings happiness and joy to all parties involved. Adoptions can come in many forms, such as domestic, foster case, private, international or stepparent adoptions. Discovering which adoption is best for your family can be discussed with a Family Law Attorney.
Modification actions are cases that bring a prior final order regarding an alimony award, child support or child custody back before the court for reconsideration due to a substantial change in circumstances that have occurred since the prior final ruling. Modifications are one of the most common cases presented before a court for litigation because there is a great deal of grey area and room for argument. Therefore, it is important to employ an experienced Family Law Attorney to assist you in any modification proceeding.
If you have found yourself in any of these cases, contact an Orlando Family Law Attorney today. We are experienced in Family Law matters and desire to aid you during these emotional and difficult times.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.