Family law is an area of legal practice that addresses much more than typical divorce decrees and agreements. While divorce law is what people largely associate with the family law legal field, the truth is that it encompasses multiple legal situations that can arise in any Brooklyn family, ranging from child custody to domestic violence orders. Issues can fall under both civil and criminal law, and they can also be very complicated when emotions fly within the family. Family law issues can impact child welfare as well mental health problems for children who are raised in tension filled homes. The common problem is that many families wait until it is absolutely necessary before confronting legal problems within the group, including a decision for spouses to separate. Divorcing couples have much to consider in many cases, and sorting it all out legally can get confusing when one or more parties involved do not like what is transpiring. The result is that legal help becomes vital for everyone, and especially when problems escalate to personal safety for any family members for any particular reason.
Divorce cases are some of the most contentious legal situations seen in the court system. Divorcing partners are normally already arguing over certain aspects of a divorce, and things can get worse when the division of the family is being implemented by the state. Division of martial and personal property is commonly where many disagreements are based, along with disposition and custody of dependent children, as New York is not a community property state when finalizing divorces. This is particularly true when the divorcing spouses are clearly not equal in terms of personal assets before the marriage. When divorce negotiations get heated, it is vital for both sides in the case to have experienced and diligent representation who will focus on all legal rights of the family members.
Potential Court Rulings
The courts tend to be more concerned for the welfare of children in many divorce cases because the children rarely have their own legal representation. In this case, the court can intervene as the advocate for the most vulnerable in the family, commonly resulting in rulings that neither side want. The respective legal counsels can advise the divorcing parents on what the court may rule based on their personal behavior, especially when the court is evaluating their capacity to reasonably provide for dependents in terms of both financial and emotional support. When domestic violence has been indicated by a spouse or child, courts will also issue protection orders until a divorce is finalized, and often beyond when recurring problems exist.
Custody of dependent children is a serious concern for the courts, and each spouse will be evaluated for stability and personal action during the assessment period between a divorce filing and a final court hearing. Children can be interviewed as well, along with asking them which parent they would prefer. The truth is that contemporary New York courts prefer divorcing parents to develop their own parenting plan when filing for divorce instead of leaving the decision solely in the hands of the state. Parents who act like children are regularly treated like children when issuing a decision on their dependents, and the judge has the power to assign temporary custody of dependents to someone other than either divorcing parent. Your Brooklyn family law attorney can explain what to expect from the court and advise on appropriate behavior during the process. Parents who submit a serious feasible parenting plan for the sake of the children is always a positive in a divorce case.
There are often situations when families experience health problems that require one of the family members to take a leave of absence from work. One of the main problems is that employers are not always receptive to this request, including maternity cases where employees need time off for personal health reasons as well as the child. In addition, paid leave can be problematic as well, and having an experienced Brooklyn family law lawyer can encourage an employer to comply with the law instead of trying to fight the request, including proper financial payment.
It is always best to have experienced legal representation when facing legal problems that fall in the family law class. Emotions always run high when a family is being impacted, and a solid Brooklyn family law lawyer can help explain the potential repercussions and what legal rights anyone may have regarding their predicament. It is unnecessary to be a victim of the system when a comprehensive and objective professional counsel like Spodek Law Group can help guide the family to a final decision that helps everyone.