A family lawyer normally deals with divorce, separation, adoption and child custody and support matters. The family lawyer may also be involved in getting a protection order for a client or having one lifted or looking for a revision in visiting arrangements or support.
During the dissolution of a marriage there are a number of services that a family lawyer in NYC can provide on behalf of his or her client. Getting a divorce is something that most couples take seriously; it will change a person’s life for many years to come. Many family lawyers will explore the possibility of reconciliation, in some jurisdictions there is actually a cooling off period which has to be observed while in some other jurisdictions there is an expectation of mediation as a way to determine child custody, visitation rights, child support, the division of marital assets and the payment of spousal support, often called alimony. The mediation process takes place when the family lawyer of each party is present; the expected result is an agreement that can be given to a family court judge for approval.
Although mediation is the favored approach in the event it fails to arrive at an agreement between the parties then the case will go to court. In court the family lawyer in NYC will plead the case of the client; of course the other spouse will also be represented. Once the arguments have been presented to the court the judge will settle all the outstanding issues by decree. Once the divorce has been granted this is often the last time the client will see his or her family lawyer, however, there are exceptions. After the divorce has been finalized it is not unknown that the individuals will seek a modification to custodial orders and child support which reflect a change in circumstances. In many cases the same judge that was involved in the divorce action is called upon to determine the outcome of any requests for modifications as in most jurisdictions the judge retains control over post decree matters.
Although dealing with divorce is a big part of what a family lawyer in NYC does, it is only a part. Many couples that are about to marry will prepare a pre-nuptial agreement. This agreement is that which is referred to should the couple divorce in the future, it normally focuses on the division of property as well as child custody and support.
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