Best Family Lawyers Near You
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
List of the best lawyers
Legal guides written by Smart Legal Solutions:
- Main Legal Measures to Protect Foreign Investment in Thailand
- Legal Protection of Foreign Investment in Thailand
- The importance of the geographical indications for the Thai economy
Browse family law firms by service
Attorneys in related practice areas.
Browse family law firms by country
Refine your search by selecting a country.
Family Legal Questions answered by Lawyers
Browse our 304 legal questions about Family and the lawyer answers, or ask your own questions for free.
- Asking for an advices on what to do
- Steps you can take nowContact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.Document everything. Keep a record of all relevant details, including:Medical records: Proof of your husband's diagnosis and hospitalization abroad.Financial records: Your remittance receipts, records of your debt, and expenses for your children.Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD). Legal grounds to seek freedom from your marriageAnnulment of marriage based on psychological incapacitySince absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband. Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.
- Filing a Child Support Case
- In the Philippines, you can pursue child support against your son's seafarer father by filing a case for support, even if he is not communicating with you. While the failure to pay child support isn't a criminal offense, Republic Act 9262 (Anti-Violence Against Women and Their Children Act) provides for penalties in certain cases, and you can petition the court to increase the support amount if the current payments are insufficient. You may need to consult with a lawyer to help you with the legal process of demanding child support.
- Can a woman seek divorce from her husband if he cheated and got another lady to bear a child for him?
- Infidelity is a good ground for dissolution if there's no condonation on your part. Returning bride price is not the only option applicable to dissolution of customary marriage. Customary court has the jurisdiction to dissolve but be aware that if you you had a valid statutory marriage alongside (e.g church marriage, Registry or licenced place of worship), you need to get a lawyer to file for the dissolution at the High Court. You can reach out for further advice.
About Family Law
Family law is a branch of legal practice that focuses on matters involving familial relationships. This includes issues such as divorce, child custody, adoption, domestic abuse, and other related family matters. Family law serves to protect the rights of individuals within a family and ensure fair outcomes in domestic relationships.
Why You May Need a Lawyer
There are various situations where you might require the assistance of a family lawyer:
- Divorce and Separation: Legal representation can help negotiate terms, such as asset division and alimony.
- Child Custody and Support: Lawyers ensure that the best interests of the child are met and that arrangements are fair for both parents.
- Adoption: A family lawyer can guide you through bureaucratic processes to ensure legal compliance.
- Protection Orders: In cases of domestic violence, legal protection orders may be necessary for safety.
- Estate Planning: Assistance with wills, trusts, and inheritance issues.
Local Laws Overview
Family laws can vary significantly depending on the jurisdiction. Key elements may include:
- Marriage Laws: Requirements for a valid marriage, including age, consent, and any pre-marital formalities.
- Child Support Guidelines: Formulas or standards used to calculate payment responsibilities for child support.
- Cohabitation Rights: Legal recognition and rights for couples living together without marriage.
- Divorce Process: Grounds for divorce, whether fault or no-fault, and legal procedures involved.
Frequently Asked Questions
What does a family law attorney do?
A family law attorney handles legal issues related to family relationships, such as divorce, child custody, and adoption. They provide advocacy, guidance, and representation to ensure their client's rights are protected.
How is child custody determined?
Child custody is determined based on the best interests of the child, which may include factors like the child's age, health, emotional ties to parents, and the ability of each parent to provide stability.
What is the difference between legal and physical custody?
Legal custody refers to the right to make important decisions about a child's life, while physical custody pertains to where the child primarily resides.
How can alimony be modified?
Alimony modifications are typically sought due to a significant change in circumstances, like changes in income or employment status. A petition must be filed with the court to request the modification.
What should I do if I am experiencing domestic violence?
If you are experiencing domestic violence, seek immediate legal protection and consider obtaining a restraining order. Contact local authorities or a family law attorney for assistance.
What is mediation, and is it mandatory?
Mediation is a process where a neutral third party assists disputing parties in reaching a mutually agreeable solution. It is often required in family law cases, particularly those involving child custody.
Can I represent myself in a family court case?
While you can represent yourself, known as "pro se" representation, it's often beneficial to have a lawyer, given the complexity and emotional nature of family law cases.
How is property divided in a divorce?
Property division depends on state laws, which may follow community property or equitable distribution principles. A court considers factors such as the length of marriage and each spouse's economic circumstances.
What is a prenuptial agreement?
A prenuptial agreement is a legal contract entered into before marriage, detailing the division of assets and financial responsibilities in the event of divorce.
How do I start the divorce process?
To initiate a divorce, you must file a petition for dissolution of marriage with the appropriate court. You may wish to consult a family law attorney to ensure you comply with all legal requirements.
Additional Resources
Consider reaching out to the following resources for more information and assistance:
- Government Family Services: Agencies providing support services for families, such as counseling and mediation.
- Legal Aid Organizations: Offer free or reduced-cost legal assistance to individuals with limited income.
- Nonprofit Family Units: Organizations providing resources and assistance for issues like domestic violence and child welfare.
Next Steps
If you need legal assistance in family law, consider the following steps:
- Identify the specific area of concern within family law e.g., divorce, custody, etc.
- Research and contact a qualified family law attorney in your area.
- Prepare all relevant documents that might pertain to your case.
- Schedule a consultation to discuss your situation and possible outcomes.
- Follow legal advice carefully and maintain communication with your legal representative.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.