The field of family law can be broadly described as the group of legal matters dealing with topics involving marriage, children, and related, domestic relations issues. Traditionally, attorneys would assist their clients in divorce, child custody, alimony, child support, and paternity suits. Adoptions and representation of juvenile clients in criminal matters also fall under the umbrella of this area of legal representation.
Changing attitudes concerning marriage and divorce, the impact of scientific advances in the realm of fertility, reproduction, and the expanding scope of parental rights and obligations have created a dynamic environment requiring practitioners to keep abreast of societal trends as well as those involving court decisions and changes in the laws.
Marriage and Divorce
No single aspect of family law has changed more dramatically than the related fields of marriage and divorce. Prior to the early 1970s, divorce was often a difficult and expensive proposition . The requirements of “finding fault” often made the act of dissolution of the marital relationship nearly impossible. Grounds such as abandonment, cruelty, and, of course, adultery had to be proven in court before a divorce could be granted.
With the creation of no-fault divorce, a simple statement that the parties had reached “irreconcilable differences” became sufficient to legally end the marriage. Even with this more realistic and streamlined approach, attorneys practicing domestic relations still have to resolve issues such as separate maintenance (alimony), child support and custody, visitation, and property division. The various changes impacting these elements continue to reflect the changing dynamic of the 21st-century family.
In addition to recognition of the legality of same-sex marriages by the Supreme Court, the increase in non-married couples creating a familial relationship has dramatically redefined what “marriage” (in the legal sense) truly means. The legal status of children of these non-traditional families often has to be determined through a formal proceeding. Similarly, the increase in adoptions, both domestic and foreign, is also creating challenges that the modern domestic relations lawyer may face.
Science and Technology
Family law practice in Nashville Tennessee has been impacted by various scientific advances made in the areas of fertility and reproduction at the other end of the spectrum, death. The question of parental rights involving surrogate parents who owns embryos and semen that has been frozen and stored, and the legal relationship of children born as a result of artificial insemination, are some of the areas that have recently become a part of the domestic relations practice.
With all of these profound and dramatic changes, the family law practice of the 21st century encompasses the legal, financial, and medical dynamics that assert an impact on legal relationships involving the family. This state of evolving changes in the law will require lawyers in this field to constantly hone their skills and refresh their knowledge to meet the needs of their clients.
Finding a good Family Law Nashville
Choose a few on your list and settle down for the next five names on your list. Find out about their experience and authenticity by checking the state bar and other affiliations or firms that they claim they belong with. Make sure that they have at least five prior years of practice in the divorce laws.
Know the associates. When you finally have at least three on your top picks, arrange separate meetings with the three candidates. During the initial meeting, find out about their firm or private practices. Ask them questions about custody, settlements, and state the general overview of your current divorce situation. Listen to them comment and answer your questions. Some firms send representative lawyers so make sure you are talking with the actual lawyer or if he is not available, always ask their associate to clarify who will be handling your case.
Finding the right one. Base on your listing and initial meeting, you can now find it easier to choose between the three shortlisted candidates from before. It is best to decide without pressure and in your own time so that you can really think about the hiring. Also, look into your own divorce terms so that you can openly discuss what you would want to happen during the process of divorce.
Divorce/Family Law has been promulgated to keep the basic family unit of society- the family – have their own rights and say protected by the state laws. It is an attempt to settle a very emotional issue with fairness and justice to keep both separating parties settle for amicable separation.