Family law encompasses many different kinds of cases. Most people are not aware of the large scope of family law until they need to get help with a legal concern that falls under this heading. If you are dealing with a divorce, a child custody case, an adoption, or even a restraining order, you will need to secure a family law attorney to help with your case.
Your St. Louis family attorney will be able to help you through the process of your family law case. Working with a legal team with years of expertise is a must when you have these kinds of concerns that need to be addressed. Our team is eager to help you seek a favorable outcome in your case.
What is the Family Law Process?
Each kind of case that falls under the heading of family law will have its own unique steps and stages that must be handled in order to seek a final ruling and determination. You might end up working with your legal team for more than a year on this case if the needs of any of the parties involved are complex.
Knowing the various steps and stages of a family law case can help you to prepare for the coming effort that you and your legal team will be engaged in as you seek a favorable outcome for your case.
1. Contacting a Lawyer
The very first step in the family law process, is contacting a lawyer and scheduling a consultation. This consultation process will help you and the legal team discuss your needs and figure out what kind of case you are seeking help with as well as the complexity of the case at hand. The consultation process will also help you and the lawyer to know if you are going to be a good fit to work together.
As mentioned above, you might be working with your legal team in excess of a year. This is part of why you need to find the right legal team for your specific goals and needs.
2. Opening a Case
Your lawyer will open a case on your behalf. This case will need to be filed by petition and will often need to be notarized. There will be a discovery period as well, where your lawyer collects facts, information, and documentation related to your case. You will be involved in the discovery portion of this part of the process, but you will not have to deal with filing the petition or any of the legal aspects of this portion of the case on your own.
3. Serving the Other Party
The other involved party will then be legally served. This notice will tell them that a petition has been filed and will notify them about the necessary response date as well as any scheduled court dates surrounding the petition that you have chosen to file.
4. Mediation
Some kinds of family law cases will require a mediation phase to help resolve issues outside of the court. This helps save money and time, and it can also speed up the case process. In divorce or in parental custody agreement cases, for example, this period is used for the parties to discuss the arrangements that they are seeking at the conclusion of the case.
This kind of process can also help to define what each party needs out of the legal case so that the lawyers involved and the judge can figure out a favorable outcome for each party without going to court.
5. Pre-Trial
If your case does end up needing to go to trial, this period is when the case is being prepared for and both parties are informed about the trial process and what it entails. This will also require another period of preparation on the part of both lawyers so that the case can be presented to a judge. This is not common in family law cases, but it can be required if the mediation phase fails.
6. Trial
The trial phase of the case is when the information that each party wants to disclose is presented to a judge. The two lawyers involved in the case will argue for their side and try to make sure that their party’s demands are met. The judge will ultimately decide who gets what awarded to them as a result of the trial portion of the case. In some instances, an appeal can be filed if the outcome is not what was desired.
Trials are expensive and time-consuming and most family law cases are resolved well before this phase due to the cost and hassle. Anyone who is taking their case to trial needs to be prepared for added costs and lots of added time before a legal determination can be provided for their case.
Your legal team will be able to advise you about the process of your case and the timeline if there is a need to go to trial. Each case can be quite unique in this regard.
The Family Law Process Can be Explained Clearly by Your Lawyer
If you need assistance with a legal case that falls under the heading of family law, your lawyer will be able to help you to prepare and they will also help you understand your options. Overall, avoiding going to trial is always the goal due to the cost and time that this entails. Most family law disputes can be resolved during the mediation phase and the judge can hand down a legal judgement without having to bring the case to court.
If you have been dealing with an issue that will require a family law case to be opened on your behalf, make sure that you work with an experienced family law attorney. There are many cases that fall under this heading and you will be able to seek a positive outcome in your case if you work with a skilled lawyer who is familiar with this portion of the law.