What Are the Roles of My Attorney and Their Legal Staff in Family Law Matters?

Attorneys and Law Firms Role In Family Law Matters

Family law issues require a lot of careful planning and negotiation due to the high level of emotion and stress they involve. The decisions made when it comes to these issues are going to have a long-lasting effect on both your life and that of your family. Deciding to divorce, pursuing child custody, or seeking guardianship are all family law issues that may require legal counsel and should be approached by a skilled family law attorney.

If you have decided you need a family law attorney, you may be unsure of the roles your lawyer and the staff members at their law office will play and the legal services they can offer you. Here at Miami Family Law Group, PLLC, we have assisted countless clients and helped them work through their family law issues. Our team understands the role that a family law attorney needs to fulfill on behalf of their clients, and we have the skill and experience to help you work through even the toughest of issues.

The role may include informing you of the specific rights you have in your situation, filing your paperwork correctly and on time, and helping divorcing spouses come to amicable agreements on the division of property, child custody, and spousal support. Whatever your legal needs, your attorney should be there to guide you and ensure that you are kept educated and informed.

Call us today at 305-520-7874.

Attorney-Client Relationship and Privilege

In Florida, once you hire a family law attorney, you benefit from the attorney-client relationship and confidentiality. This privilege means that anything you discuss with your attorney must be kept entirely confidential, and any information you provide to them cannot be disclosed to anyone else. This extends to your attorney's legal staff as well.

Under this rule, any communications you have with your attorney, as well as any documents sent between you or their staff, must be kept confidential.

Responsibilities of a Family Lawyer and Their Staff Members

Family law attorneys play a specific role during the divorce process, and they have responsibilities that must be fulfilled. During your family law case, your attorney must always act in your best interests in a manner that protects your rights. This means taking steps to help you achieve your goals while advocating for your desires during your case. For this reason, it is crucial to make your desires and goals apparent to your attorney early on.

Providing Legal Counsel, Advice, and Knowledge

Perhaps the biggest role your attorney will fill is providing you with legal knowledge and educating you on your rights throughout your case. They are responsible for ensuring that you are fully informed and understand what steps will be followed during your case.

Your attorney should never act as your therapist, as they have a duty to provide you with legal help rather than emotional support. However, they should be compassionate to your case and offer support to help you make decisions.

Filing Important Documents and Paperwork

Family law matters often come with a lot of paperwork, and filing this correctly and on time is not only crucial for your case, but it looks good in the eyes of the court.

If you are planning on getting a divorce, this role includes making sure that you understand what documents you will need to disclose for the divorce and the Original Petition for Divorce, the Respondent's Original Answer, the Final Decree of Divorce, documentation relating to ownership of property, and any other important documents relevant to divorce matters.

If you have a prenuptial agreement in place, your attorney will also ensure your agreement is valid and enforceable.

Child Custody Battles

When spouses are fighting over custody of their children, things can get heated quickly, and communication can break down easily. While both parents may have fallen out of love with each other, they will still love their children fiercely, making it difficult to come to amicable agreements.

Working out who is going to take the role of primary custodian and look after the child the majority of the time is often the biggest sticking point. Still, arguments over visitation rights and child support are also big points of contention.

Your family law attorney must work in what they believe to be the children's best interests, and they will offer clear advice and remind you that your children's needs are the most important thing to consider. You may be surprised by what you can achieve with your spouse through mediation or negotiation.

If you are concerned your child is in danger and believe your spouse should not get custody or visitation rights, you will need to work with your attorney to prove the danger. With their help, you can put forward a compelling case that the courts will have to listen to.

Negotiation & Mediation Facilitation

Family law cases often require extensive negotiation, and you may use mediation to resolve the outstanding issues in your case. Divorces can significantly impact an individual's life, as they involve numerous complex, challenging decisions. Opting for negotiation over litigation will often be advantageous for you, your spouse, and your children.

Your attorney should possess effective skills in negotiating agreements, and they should encourage mediation rather than resolving disputes through litigation. The attorney's role is to secure a settlement that will meet your needs while minimizing stress and helping you avoid difficulties as much as possible. The lawyers at Miami Family Law Group, PLLC believe in using mediation and negotiation to reach agreements, and we believe that this is the most efficient and suitable approach to handling a divorce.

Your lawyer should be prepared to negotiate with the other party, working to reach a settlement agreement that will benefit you and provide for your children's best interests. Our attorneys will help you negotiate agreements that will provide you with an equitable share of your marital property, ensure that you will spend sufficient time with your children, receive spousal support if you are eligible, and ensure a fair resolution of other crucial divorce matters.

The Role of the Client During the Divorce Process

Clients have specific responsibilities that will need to be addressed during a divorce. A client going through a divorce cannot expect that their lawyer will fully handle every issue, and they need to be involved in the process and make decisions about what approach to take. A client needs to be honest with their attorney about their goals and expectations while ensuring that all required information is fully disclosed.

This includes informing their attorney about their expectations regarding ownership of property and the alimony or child support they may pay or receive. A client should provide all required information related to their case. Failing to disclose information honestly can be detrimental to your case if your spouse's attorney discovers it.

A client also needs to remain informed about their case throughout the divorce process, and they can consult with their attorney about any ongoing developments. If any information will need to be provided to their lawyer, it is important to do so promptly, ensuring that there will be no delays when submitting petitions or other legal documents to the court. Clients should also make sure to attend all required court dates, showing up on time and dressing and behaving professionally.

Any information that may be relevant during your divorce, such as financial records that can be used to demonstrate ownership of property, should be shared with your lawyer. If your attorney or their staff members will be required to seek out records or take steps to obtain required information, this can prolong the divorce process.

Contact Our Miami, Florida Divorce Attorneys

At Miami Family Law Group, PLLC, we recognize the importance of maintaining good relationships with our clients. We understand that every client has unique needs and concerns, and we know that you deserve personalized legal help and support. We can assist you with critical divorce-related issues, working to help you negotiate a favorable settlement and resolve any disputes that may arise.

Contact us today to schedule a consultation by calling 305-520-7874.