What Are The Roles Of My Attorney And The Legal Staff 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 forms of 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 attorney and their legal staff will play and the legal services they can offer you.

Here at Miami Family Law Group, we have helped countless clients work through their family law issues. Our team has a deep understanding of the role that an 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 advising you on 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 305-916-4053.

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 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 during professional meetings or informal meetings, as well as any documents sent between you or their staff, must be kept confidential.

Roles and Responsibilities of a Family Lawyer and Legal Staff

Family law attorneys must fill certain roles and responsibilities. During your family law case, your attorney must always act in your best interests in a manner that protects your rights. This means following your wishes and desires for the outcome of the case.

It is important, for this reason, that you 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 duly informed and understand what you are entitled to.

While your attorney should never act as your therapist, as it is not their legal duty to provide clients with emotional support. However, they should be compassionate to your case and offer support when you need to make important 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 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, they will also ensure your agreement is protected if it is valid.

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 looking 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 in 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 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 mediation. Divorces can significantly impact an individual's life, as they involve numerous challenging and complex decisions. Opting for negotiation over litigation can be advantageous for all parties involved.

Your divorce lawyer should possess strong negotiation skills and favor mediation over litigation. The attorney's role is to secure a fair and balanced settlement while minimizing stress and difficulty for the parties involved. The lawyers at Miami Family Group prioritize mediation because we believe it is the most efficient and suitable approach to handling a divorce.

A divorce attorney should negotiate with the opposing counsel to reach a settlement that benefits both you and your children. They can negotiate to obtain a fair portion of the property involved, secure more visitation rights with your children, receive spousal support, and ensure a fair resolution of other crucial divorce matters.

Role of Family Law Clients in Divorce Cases

Clients have specific roles and responsibilities throughout divorce proceedings. A client going through a divorce cannot expect their divorce attorneys to handle everything on their behalf. Clients need to be honest about their expectations during a divorce.

This includes informing their attorney about their entitlements, such as shared property and spousal support. Clients should also fully disclose information related to their cases, encompassing both positive and negative details. Failing to disclose information honestly can be detrimental to your settlement if your spouse's attorney discovers it.

Clients must also stay informed throughout the process and ensure they are aware of ongoing developments. If they need to collect information to provide to their divorce lawyer, they must do so promptly and avoid delays in submitting documents and attending court dates. We recommend that clients maintain a file containing case-related information and documents to bring to meetings with their divorce attorneys.

If you possess information that benefits your case, such as documents pertaining to property ownership, share this with your divorce attorney. The more you can do for your attorney, the smoother the process for everyone involved. If your divorce lawyer and their staff have to find this information, it will prolong the process.

What Are The Roles of My Attorney And The Legal Staff in a Divorce?

Recognizing the roles of your attorney and legal staff is crucial for a successful divorce. Excessive expectations of your divorce attorney can result in disappointment and strain the relationship between you and your attorney. Your divorce attorney should safeguard your best interests and provide support while maintaining a professional relationship.

Contact Miami Family Law Group Today!

At Miami Family Law Group, we recognize the unique relationship between divorce lawyers and their clients. Our divorce attorneys understand that each case is distinct and every client deserves personalized care and attention. We can assist you with critical divorce matters, such as child custody, spousal support, and property division, and help ensure you receive the best settlement possible.

Call today to schedule a consultation at 305-916-4053.