Functions of a Family Lawyer

Saturday, May 23rd, 2009

There are periods in marriages when the husband and wife disagree. And when such disagreements repeatedly occur and escalation of divisive tendencies comes out, these may lead to divorce. When this happens, the couple needs the help of a lawyer specializing in family law.

Family lawyers do not only handle divorce settlements, they also deal with jointly-held possessions (a home for example). If the divorced couple has children, the family lawyer will also push for custody. Typically, lawyers would recommend joint custody where each parent can enjoy time with the children.

Other family law cases may also be handled by these lawyers such as:

· Grandparents’ rights – sometimes, bad feelings between a spouse and the in-laws could sprout. In this scenario, grandparents could approach a family lawyer and seek their rights.

· Domestic violence – unfortunately, citing domestic violence as a reason for divorce is very common. The family lawyer may deal with a lot of personal issues in this situation.

· Request for asylum – there are cases where the lawyer should prove that a certain family would face grave danger if deported back to their home country. The lawyer may look for medical, religious, or political reasons why the family needs to get asylum.

· Request for adoption – this can also fall under family law. Lawyers typically get permission from couples to adopt children.

Tags: adoption, asylum, custody, Divorce, domestic violence, family law, family lawyers, grandparents rights, lawyer
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Law and Court Expectations

Wednesday, May 6th, 2009

Maybe you have experienced or witnessed the power of the family court. It can transfer property to someone else, order violent people to leave their homes, or compel somebody to pay various sums of money. However, it also has its limitations.

Family law is a “civil” law dealing with disputes, not crimes. So for example, if you just had a divorce and your former spouse is not following court orders such as visitation, child custody, or child support, then he or she is not committing a crime. Only a non-molestation injuction was broken.

And since the court cannot monitor its orders, it’s up to you to check whether they’re being carried out. The only way you can make somebody follow the law is to take the case back to court again. That’s why it’s important to keep all your court papers on file.

Another limitation of family law or court is its inability to change the attitude or personality of your spouse. Don’t expect a nasty person to be nice and an unreasonable person to be reasonable just because the law ordered them to. So remember that the law can be a big help to settle your disputes and divorce issues, but you cannot expect it to do everything for you.

Tags: court orders, Divorce, family court, family law, law
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Is this Arrogance of Judicial Power?

Sunday, May 3rd, 2009

Last week, Attorney Nancy Murphy had a busy day in court and just planned to arrive home for dinner and tuck her kids in bed. However, the family law attorney was stunned when she was handcuffed and taken to a filthy cell to spend the night.

Murphy said that she has no idea why Judge Mark Lopez, Cook County Associate, held her in contempt and ordered the guards to throw her in jail. All she remembers was that she was in Daley Center, specifically in Lopez’s courtroom, and representing a client seeking for child support payments.

Then, after the hearing, she filled out a form containing the rescheduling of the case for July 9. Lopez needs to sign this document so he took it to his chambers. When he came out, he said something about the document and told the sheriff to take her into custody.

The confused Murphy was handcuffed while Lopez wrote that he’s holding her in “direct civil contempt” because she ignored the court’s direct instruction on what to include in the document. As a result, Murphy was strip-searched and spent one night in jail.

Meanwhile, a divorce attorney who regularly practiced in Lopez’s courtroom was quoted to describe the judge as “courteous” and “extremely professional.” On the other hand, Professor Len Cavise of DePaul University advised that if the allegations of Murphy are true, then this is an example of “arrogance of judicial power,” and this judge must be disciplined by Illinois Supreme Court.

Tags: attorney, Cook County, divorce attorney, family law, Illinois Supreme Court, Judge Mark Lopez, Nancy Murphy
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Tips in hiring a Divorce Lawyer

Wednesday, April 29th, 2009

Lawyers handling corporate matters or personal injuries will not be very useful in divorce cases since they may have little or no understanding of family law. Typically, most firms indicate their area of their expertise so you can be guided on whom to hire. They also take on pro bono cases.

A pro bono case may be taken in for free or for a reduced fee. Check to see the criteria established by your local or your State Bar Association if you are financially eligible for it. If you’re not qualified, then you can get divorce lawyers who will usually charge you per hour.

If this is the case, then you have to keep a watchful eye on your bill. Don’t just accept something like “fees for services rendered.” Instead, demand for a detailed statement. Consult them immediately if there are entries you don’t understand.

Moreover, never hire a lawyer based simply on oral agreements. This will surely lead to conflicts and misunderstandings. Rather, create a fee agreement in writing known as “retainer agreement” so that you have a record of all your negotiations and terms.

Furthermore, hiring a lawyer doesn’t mean that you’ll no longer lift a finger to do some work. You should read articles and research materials online about family law. Ultimately, you must be the one making the decisions on how you would like your case to proceed. After all, it’s your future and your life at stake.

Tags: divorce lawyers, family law, lawyer, lawyers, pro bono, retainer agreement, State Bar Association
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