Abogados de Family Law

Family Law Lawyers in the United States

Family law touches people during some of the most stressful moments of their lives. Whether you're ending a marriage, fighting for custody of your children, or sorting out support payments, a family law attorney can protect your rights and help you reach a fair resolution.

What Family Law Covers

Family law deals with legal matters that arise from domestic and family relationships. The most common cases involve divorce, child custody, child support, spousal support, and the division of marital property. It also covers adoption, paternity disputes, domestic violence protective orders, and prenuptial agreements.

Some family law matters are resolved through negotiation or mediation. Others end up in court. According to the American Bar Association, roughly 95% of divorce cases settle before trial, but the remaining 5% require a judge to decide contested issues.

When to Hire a Family Law Attorney

• Your spouse has filed for divorce or you are considering filing yourself
• You need to establish or modify a child custody or support arrangement
• You face allegations of domestic violence or need a protective order
• You want to adopt a child or establish legal paternity
• You and your spouse own significant assets, businesses, or retirement accounts that need to be divided

How the Family Law Process Works

Most family law cases begin with one party filing a petition with the local court. The other party is then served with papers and given time to respond. From there, both sides exchange financial documents and other relevant information through a process called discovery.

Many courts require couples to attempt mediation before scheduling a trial. If mediation succeeds, the agreement is submitted to a judge for approval. If it fails, the case proceeds to a hearing where a judge makes binding decisions on all unresolved issues. The average contested divorce takes 12 to 18 months from filing to final decree.

How Financial Outcomes Are Determined

• Division of marital assets follows either equitable distribution or community property rules, depending on the state — equitable distribution states divide assets fairly but not always equally
• Child support is calculated using state-specific formulas that factor in each parent's income, the number of children, and the custody arrangement
• Alimony depends on factors like the length of the marriage, each spouse's earning capacity, age, health, and standard of living during the marriage
• Retirement accounts, pensions, and stock options accumulated during the marriage are typically subject to division through a Qualified Domestic Relations Order (QDRO)

Frequently Asked Questions

How is child custody decided?

Courts determine custody based on the best interests of the child. Judges consider each parent's living situation, relationship with the child, ability to provide stability, and willingness to support the other parent's involvement. A history of abuse or substance misuse weighs heavily against a parent.

Can I modify a custody or support order after it's finalized?

Yes. Either parent can request a modification by showing a significant change in circumstances, such as job loss, relocation, or a change in the child's needs. The court will review the request and decide whether an adjustment is warranted based on current conditions.