Function

• Family laws encompass a wide variety of areas, including divorce, alimony, guardianship, domestic violence and prenuptial agreements. Over the years, the law has evolved to include most matters related to child welfare, such as children’s rights, child custody, child abuse and foster care. As a rule, the court seeks resolutions that represent the best interest of the child, even if the ruling differs from the desires of the parents. Family law also deals with aspects of care concerning elderly parents, or “elder care.”
  
  

Considerations

• Increasingly, many people choose other methods to avoid traditional litigation for resolving family issues. These other options, often referred to as “alternative dispute resolutions (ADR)" avoid costly litigation, emotional stress and adversarial occurrences. Many people choose ADRs in combination to resolve matters dealing with divorce, alimony, support, child custody and property distribution. Usually a judge will have to approve the agreement and make it part of the final order.
  
  

Legal Counsel

• One of the major decisions concerns whether to hire a lawyer. You may represent yourself as long as you have knowledge of the required paperwork and steps involved in the process. In amicable divorce proceedings where the parties agree to the terms of the dissolution, one person can hire an attorney. In addition, you will need to consider your level of emotional involvement and your ability to look at the issues objectively. Sometimes, people hire lawyers to consult on an “as needed” basis or to review legal documents. Some individuals hire legal representation to negotiate settlements.
  
  

Time Frame

• Litigants must strictly adhere to court deadlines. Missing time limits may have negative consequences for your case and prohibit you from partaking in the proceedings. For example, missing the deadline for filing a “Response” to a divorce “Petition,” may result in the court entering a default judgment in your absence. The case will then move forward without your contribution. Make sure you understand the time stipulations you must meet for legal papers you receive.
  
  

Expert Insight

• According to California family law attorney David E. Rickett, many people do not fully understand the extent of free resources available in the court system. Court websites have information, forms and procedures. Many self-help centers exist to help litigants maneuver through the system, including how to fill out the appropriate paperwork. Typically, service takes place on a first-come/first-served basis. In California, litigants can work with the Conciliation Court which will assign a licensed family therapist to help with child custody and visitation issues. Many states have similar setups in their court systems.