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5 Things a Family Lawyer Can Do For You

In most cases, filing a case and fighting things out in court may be the only way you can settle a legal issue. Unfortunately, this is a long, tedious, and burdensome process. It’s even more burdensome without a seasoned lawyer by your side. This is especially true if you’re prosecuting cases related to family law. According to an OC family law firm, there are plenty of ways to benefit from a family lawyer.

First and foremost, family lawyers can serve as mediators between family members in the middle of a dispute. Family fights could get messy, especially if they involve the kids, communal properties, and rights to legitimes. If family members couldn’t come to an agreement, the issue might blow out of proportion. A trusted family lawyer can discuss the issue with both parties in a level-headed manner. Since the lawyer is a neutral party, the discussion will not be in a direction that favors one party. 

Apart from that, family lawyers can also serve as the confidante of the family. They can consult with the said lawyer at any time, resolving issues faster and preventing them from escalating. With their just and equitable advice, both parties will be accorded what is due to them. Aside from these, here are the top five things a family lawyer can do for you. 

1. Take care of your divorce petition 

When husbands and wives part, there is so much to resolve before they can legally separate. The spouses need to allege and prove a ground for the court to rule on. Things would go smoothly if the divorce petition were uncontested. The divorce lawyer will only have to file the petition on one’s behalf and meet with the other party’s legal representative to come up with an agreement. However, if the said divorce petition carries an issue involving alimony and child custody, the parties won’t have any choice other than to settle the matter in court. 

Your family lawyer could not only represent you in the main divorce proceeding and help prove your allegations. They can also help you prove your estranged spouse’s unfitness to be your children’s primary guardian. Apart from that, they can also help you settle property disputes. 

2. Help you claim your share in the communal property

One of the most complex aspects of divorce to tackle is the distribution of properties. Since both spouses are mostly on bad terms, they won’t make it easy for the other spouse to benefit from the separation. As such, they would often allege that the properties and estates they acquired during the marriage are only theirs. If you don’t have a family lawyer helping you out, you risk not getting anything from the communal properties. If you’re the party owning more of these properties, you also run the risk of giving away exclusive properties to your estranged spouse. 

On the other hand, if you have a credible family lawyer working with you, you can take what’s rightfully yours by virtue of communal property. You can also protect the properties you acquired before the marriage. 

3. Draft and enforce the prenuptial agreement

Your prenuptial agreement will be in force and effect in case you end up separating. Your family lawyer can help you and your spouse draft this prenuptial agreement. This will contain all your agreement regarding the division of properties and other assets, along with provisions for support, should your marriage end prematurely. 

4. Take care of matters related to succession

Partition of a deceased person’s estate could become complex and messy with or without a will. It’s best to leave succession matters handled by a family lawyer to keep successors from fighting over the deceased’s estate. Death opens succession, and the legitimate heirs could not be prejudiced of their share in the legitimes. However, before the property could be partitioned among them, the debts and obligations from creditors must be settled. 

A family lawyer is necessary to facilitate the seamless repayment of debts, distribution of legitimes, and execution of the last will and testament. If some heirs are still not of legal age, the family lawyer could be the trustee. They will hold the trust until the beneficiary meets the conditions set for them to receive the same. 

5. Give legal advice 

Your family lawyer could also be your family’s confidante. They can give sound, logical, legal advice on different matters. Sometimes, you can also seek their counsel on other non-family-related matters to avoid litigation or other legal issues. 

Takeaway 

Family lawyers are not only well-versed in family law, but they are also adept in different issues that give rise to litigations involving family members. Their expertise and knowledge make them credible to represent you before the court, but their wise counsel and empathy could save you from getting caught up in any legal battle. 

 

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