Family law has evolved tremendously over the years. In fact, many areas now covered by family law were historically considered private issues. Less than 50 years ago, couples could not divorce unless someone committed adultery, an act of violence, or was an alcoholic. Family lawyers do an important job that many other attorneys choose not to take on: they become immensely involved in their client’s personal matters.
What is family law?
Family law is an area of law that focuses on domestic matters. Nearly all issues regarding marriage, divorce, and children fall under the umbrella of family law. More specific issues include alimony, child support, child custody, adoption, and domestic violence.
What does a family lawyer do?
A lawyer who practices family law doesn’t have an easy job. They often work on deeply personal cases and take on multiple roles in a case. Not only is the lawyer representing their client, she is often acting as a mediator or a negotiator. Many cases are prone to changes and interruptions. In some cases, particularly divorce or custody cases, the plaintiff and defendant are reluctant to cooperate and will actively seek to harm the other instead of come to a solution. It's the lawyer's job to work through that antagonism and create a solution.
When do I need a family lawyer?
Many people associate family lawyers with divorces and custody battles, but they can do so much more. Family lawyers are an important part of the divorce process, but they also help couples who want to get married as well. For example, you may want to hire a family lawyer to help you write a prenuptial agreement. You may need a family attorney for adoption or if you want to fight for sole custody of your child. Family attorneys can also help you in domestic violence cases.
How is family law changing?
The family unit has come a long way within the last several decades. By 1987, all fifty states allowed for couples to split under a “no fault divorce”. Prior to then, some states wouldn’t allow couples to divorce for reasons that are now very common, such as irreconcilable differences or incompatibility. Divorce used to only be granted on more traditional, conflict-centric grounds, such as infidelity, abuse or addiction.
Advancements in science and social movements have brought new issues to family law. For example, surrogate motherhood carried out by artificial insemination and embryo transplants have added a new dimension to child custody. There have been cases in which a surrogate mother agrees to hand over a child after birth but changes her mind.
