Family Law

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Different people use the label "Family Law" as indicating a specific area of practice.   However, there is no single universally accepted meaning of this label.   Depending upon the specific utterance, family law might embrace the following areas of practice, amongst others:

• Divorce and Separation

• Domestic Violence Restraining Orders

• Custody and Visitation

• Paternity and Parentage

• Palimony and Marvin Actions

• Dependency Proceedings

• Adoption and Foster Care

• Prenuptial Agreements

• Cohabitation and Separation Agreements

• Probate and Trust Litigation

• Guardianship and Conservatorship

• Estate Planning and Asset Management

This is not an exclusive list.   Some include other areas of practice such as consumer law and personal injury within the loose label of "family law."  Within each of these areas of practice there are more specific areas that an attorney may either have heightened experience or expertise in or to which a law practice may be limited.   

Within custody and visitation, for example, one may have a focus on parental alienation, international law, or move-away cases.  When family law matters consist of legal proceedings, usually they take place in state courts as opposed to federal courts.  However much of family law practice occurs outside of the court system.  Many such matters involve the use of professionals other than attorneys and many do not even involve the use of professionals at all. 

Some examples of aspects of family law matters that occur outside of the court system include the following:

• Marriage, couples, family, child, separation, co-parenting, and individual mental health counseling, therapy and coaching through psychologists, psychiatrists, marriage and family therapists, licensed clinical social workers, life coaches, clergy, lawyers, family members and trusted friends.

• Alternate issue, dispute and conflict resolution and through mediators, attorneys, mental health professionals, clergy, community resources, family members, trusted friends and through interpersonal discussions.

State courts and their judicial officers are generally empowered to process both family law and non-family law cases (for example, business) but in practice, courts are broken down into departments (for example, family law courts, criminal courts, etc.)  and judicial officers are assigned to specific courtrooms within those departments.   This is done to increase the expertise of a judicial officer into specific practice areas as well as for efficient use of resources, amongst other reasons.

Family law is one of the most difficult, complex, emotionally taxing, field of practice of all practices.   Why is this?   Many reasons come together to make the job of a family law lawyer a very difficult job often leading to natural selection process of those who enter, remain and last in the field.   Many areas of family law practice require expertise by the attorney in almost all other fields of practice as many areas of family law practice require the attorney to address real estate issues, business issues, criminal issues, family interpersonal issues, and almost every conceivable area of law.   

Moreover, many of the clients in family law are in their worst part of their lives dealing with some of the most important issues in their lives and are often not prepared for this epic undertaking resulting in their being extremely emotional, fragile, hostile, vindictive, afraid, desperate and in trauma.   There is a saying within the family law practice that goes something like this: "In criminal court proceedings, we see bad people at their best whereas in family court proceedings, we see good people at their worst!"

I practice "family law" and my emphasis has been dissolution, separation, custody, parental alienation, visitation, domestic violence restraining orders, spousal support, child support, asset and debt characterization and division, hidden income, fraudulent transfers, business and other asset management and control, contributory attorney fees, monetary sanctions, settlements, mediation, counseling, consulting, hearing and trial work, child support services litigation, disclosures and discovery, law and motion, move-away cases, and marital status changes.   These are not exclusive but they do reflect what I have been doing for the last over three decades.

I provide free consultations.   Email me to schedule a free consultation.