What Family Lawyers Do in Delaware
Family law proceedings concern legal matters between individuals in which a domestic connection is the common thread. Attorneys who practice family law frequently represent individuals in divorce, child custody, adoption, guardianship, and other domestic issues. When a person needs legal representation or must go to court regarding a family law concern, it is important that the person retain a family law attorney to gain knowledge about the legal process and get a thorough understanding of the individual’s rights.
Family Attorneys and Divorce or Annulment Issues in Delaware
In order to file for divorce or annulment in the state of Delaware, it is required that the filer or the filer’s spouse resided in Delaware for a minimum of six months before the filing action. In the case of an individual who is serving in the military, the filer or filer’s spouse must prove that he or she has been stationed in Delaware for at least six months before the filing for divorce or annulment. It is necessary to be legally separated for a minimum of six months prior to filing for divorce or annulment in Delaware, unless grounds for misconduct apply.
A family law attorney can assist an individual in several ways in the case of divorce or annulment. The attorney can represent a client who has concerns about spousal support, alimony, child support, or child custody and visitation issues. In order to avoid a trial, a client’s family law attorney can draw up a settlement plan and work with the client’s partner and his or her legal representatives. The attorneys will typically discuss concerns that are important to their clients, including child custody, child support, and child visitation, as well as issues such as dividing marital property in a fair way. Spousal support concerns would also be discussed at this time.
Legal Representation for Adoption Issues in Delaware
In Delaware, a person who wishes to adopt a child must be a resident of Delaware, be at least 21 years old, and be an unmarried person or a husband and wife who are not legally separated, divorced, or living apart from each other. In the case of a married couple seeking to adopt, both parties must jointly agree to the adoption.
In adoption situations, a family law attorney in Delaware is well-versed on the adoption laws of the state, as well as the laws of the United States regarding adoption. If there are any legal complications involved with the adoption, it is helpful to have the expertise of a family law attorney at hand.
Family Law Attorney Assistance in Guardianship Matters
A legal guardian in Delaware possesses the duties, rights, and powers needed to care for and protect a child under the age of 18 years old, until the adolescent reaches 18 years of age. The guardian must be at least 18 years old and accept the responsibility to make many important decisions for the child, including welfare and upbringing, medical treatment, education, and other issues. The guardian is a non-parent of the child and is often a family member, and the Guardianship Order also includes a Custody Order pertaining to the child.
A family law attorney who handles Guardianships can work with the ward and the court to ensure that the Guardianship arrangement is beneficial to the child. The family lawyer may present evidence to the court establishing that the child requires a legal guardian to handle the responsibilities of the ward’s upbringing, wellbeing, and other matters.
Hiring a family law attorney in Delaware is beneficial for many legal issues that have a domestic element. It is important that an individual understand his or her rights and is well represented in the courts and in all other legal matters pertaining to family law. A family lawyer can provide the expertise an individual needs to deal with legal family law issues and provide the support needed during this time.
If you need the assistance of an excellent lawyer to help you navigate a family law issue, contact an experienced family law attorney. Murray Phillips Law is a respected Delaware law firm that provides legal representation in family law matters. Murray Phillips P.A. has offices in the following cities in Delaware: Georgetown, Camden, and Wilmington.