Once this blog is up to speed, I'll be writing about issues in family law litigation. But today I just want to talk about some basic ideas—like what is "family law litigation" anyway?
First, what is family law? It's not just about marriage and divorce. Whenever laws affect how people arrange their family affairs, or when problems in family relationships drive people toward the courthouse, you're dealing with "family law." For example, what happens when parents are divorced or living apart and they have trouble agreeing on when each of them should get to see their children? What about a man who believes a certain child is his, and he wants to protect his right to be a father to that child? What should you do when you experience domestic violence? What is domestic violence? Do grandparents have a right to see their grandchildren? How should a divorcing couple divide their property? What do you need to do if you want to adopt a child? These are all the kinds of problems we work to solve in family law.
Second, what is family law litigation? "Litigation" is just another word for lawsuit, which people tend to think of as "fighting it out in court." But going to court is not always the path to success. Deep down, lawsuits are just big disputes with special rules. Most people encounter little disputes almost every day. A lot of the time, we discover that those little disputes are just the result of miscommunication, or maybe even our own emotional blocks. Only after we get into the fight do we realize that the real problem is often just a small matter, and easily cleared up—if we're not already too deep in the fight.
Lawsuits have the same quality, but they're bigger, more expensive, and more formal. Negotiation and procedural rules are just highly-structured ways for people in big disputes to figure out what they're really fighting over. And the key to success in a lawsuit is communication. Sometimes the disputes end up in court, with lawyers and evidence and arguments and rulings, but a lot of the time people find they can resolve their problems with a little help negotiating. When people going through family law issues are often going through lots of emotions that prevent them from communicating with each other very well. Letting their lawyers do the negotiation is often a good way to get a clearer idea of what's going on.
But you need to remember that there are different kinds of disputes. Sometimes, success in family law litigation means winning the argument. The issues might be so important, and the other party might be so wrong or irrational, that winning the lawsuit is what you need to do. Those are situations where you have to fight. In a lot of cases, however, success means resolving the argument. Those are the cases where the real problem may just be that you're having the dispute at all, and negotiating a settlement or a compromise is probably the best way to go. The tricky part for most people, and for most attorneys—we're just people, too!—is figuring out which kind of dispute they're dealing with. When you seek legal advice for a family law issue, you need to keep an open mind and be ready to discuss this problem with your attorney. Sometimes, demanding a fight will just end up making the problem worse, costing both sides a huge amount of money, and leave everyone feeling terrible.
Third, please be aware that I practice law in the San Joaquin Valley of California, and my office is in Fresno, so my expertise is rooted there. Some things are generally true about family law everywhere, but a lot of the nitty-gritty details are different from place to place. If you have a family law problem, you should seek local attorney, who is familiar with the way things work where you are.
Finally, nothing I write here is intended as legal advice, and you should not take it as legal advice. If you would like a consultation with me, please visit the website for my firm. From there you can contact my office and set an appointment. I look forward to hearing from you!