What is Family Law
Family law is a broad area of the legal system that encompasses a wide range of issues related to family relationships. This can include but is not limited to the formation and dissolution of marriages, child custody and visitation issues, adoption, paternity determinations, and more. Family law attorneys are those lawyers who primarily work in this area and handle various legal matters and cases.
A significant part of family law involves handling divorce cases, which can be amongst the most complex and emotionally traumatic matters handled in court. The parties involved may have no experience with courts and litigation and learn for the first time how to navigate the legal system, all while dealing with a highly emotional situation.
In many cases, divorce involves disputes over children, including custody and child support. Throughout the course of a divorce, the parties and their attorneys will work toward a resolution of these issues or prepare to take their case to court . A great many divorces reach a settlement agreement prior to going to court, and in many cases where settlement is not reached on all issues, the parties will at least reach an agreement on some issues so as to reduce the burden of a lengthy court trial.
Adoption is another branch of family law that is highly trained in this area of the law. It involves the legal process by which a custodian accepts the obligation of permanently caring for a child until that child reaches adulthood.
Unfortunately, family law can also involve issues of domestic violence and abuse. Those facing violence from their spouse can obtain protective orders from the court through the intervention of attorneys. Orders of protection can be granted on a temporary basis, and can be later made permanent, as necessary.
Paternity tests can also fall under the family law purview. The law has a high interest in establishing paternity in cases where a child has no clear father. Establishing paternity is important in matters of custody and child support. In such cases, the involvement of attorneys is required by both sides.
Family Law Professions
Within the field of family law, there are various career paths that one can pursue, which may have varying levels of education and experience requirements. Most people associate family law with being a family law attorney, who represents clients in court. However, there are various other career opportunities within the field of family law, including:
Family law attorney: As mentioned above, this is the most common career path for those pursuing a career in family law. Once admitted to the bar, family law attorneys can help their clients negotiate prenuptial and postnuptial agreements; establish custody of children; divide property and assets; and assist their clients with matters related to adoption.
Paralegal: For many attorneys, family law paralegals serve as valuable assets to their legal practice. They cannot represent the client without the assistance and supervision of an attorney, but they can help with a variety of important matters, including preparing for trials, interviewing clients, conducting research and filing certain documents with the court. Although laws vary from state to state, in Connecticut, for example, a paralegal cannot contact opposing parties, file cases or make court appearances on behalf of the client without legal supervision.
Mediators: Family law mediators can provide an alternative form of help to people going through a divorce, in order to help resolve disputes and settle their divorce in an amicable manner. They work with both spouses and their lawyers to aid in the negotiation between the two parties in a final settlement. Many legally trained mediators are attorneys, although it is not a legal requirement. Most mediators, however, have at least advanced training in order to competently neutralize conflict between the spouses.
Legal consultants: Those who wish to work in the field of family law may also wish to explore becoming an expert legal consultant, who helps the involved parties reach an agreement prior to legal proceedings, or an expert witness who assists the court in analyzing the facts of the case related to some area of specialty.
Skills Needed in Family Law
It is crucial that a family law professional have a solid understanding of the law, and for this reason a college education in related fields such as psychology, family dynamics and law is beneficial. This is essential for all family law professionals, including many entry-level jobs. Family law attorneys are held to the highest standard because they can impact the lives of families in a number of important ways. A firm knowledge of family law is a requirement, but so are strong communication and interpersonal skills. Attorneys in particular should be caring and empathetic, be comfortable with public speaking in order to effectively represent clients in front of judges, and be highly organized. Paralegals must be detail-oriented and also knowledgeable of family law, as their role involves preparing legal documents and research. Legal secretaries should be organized, maintain a professional appearance, be comfortable interacting with the public, and be competent in computer skills. Mediators should be highly knowledgeable of family law so they can help parties reach a resolution regarding the issues at hand. They should be skilled communicators with strong negotiation skills.
Training and Licensing
For those that want to practice as a family law attorney, the educational requirements are generally the same as for other legal careers. First, a prospective lawyer must earn a bachelor’s degree in a discipline of their choice, but many find that a background in law or business is beneficial. Aspiring lawyers then must complete their law degree from an accredited law school. Equally important is that prospective lawyers pass the bar exam in the state where they intend to practice.
Paralegals that wish to focus on family law should seek employers that offer training programs. Many employers will pay for the paralegal’s certification. It’s recommended that paralegals check with their state or regional association to determine which certification is required to work as a paralegal in their state. In most states, paralegals are not required to be certified, but many employers prefer to hire paralegals who hold the accredited certification. Licensed paralegals must also continue their education to keep up with the latest laws and industry best practices.
Mediators may be required to have prior legal or counseling experience and education, which is why many mediators are practicing attorneys or counseling professionals. There are several certification programs, so anyone interested in mediation should carefully research their options.
Job and Employment Prospects
The job market for family law professionals varies widely depending on geographic location and specialty. In general, there is a steady demand for family law attorneys, paralegals, mediators, and child advocates. Larger law firms and government agencies are frequently on the lookout for experienced attorneys with a background in family law. Family law jobs with nonprofit organizations or private practice vary in availability. In recent years, an increasing number of specialty firms are hiring freelance family law paralegals who can assist on a per-project or contract basis.
Fifty-two percent of law firm respondents to a 2014 survey identified family law as a practice area they expect to see grow or stay the same in the coming year. The U.S. Bureau of Labor Statistics projects an average growth rate for all lawyer jobs through 2020 . As family law practitioners gain greater experience, opportunities to move laterally to larger firms or into work with nonprofit organizations may become available.
While the majority of business for family law firms comes from word of mouth and referrals, many solo practitioners and small firms regularly use websites, blogs, newsletters, and other marketing tools. As more professional marketing and branding is adopted throughout the field, opportunities for web-based employment in family law may also increase.
Women have always comprised a significant portion of the legal workforce, and this is especially true in the field of family law. Given the nature of the work, flexibility is key, making it an ideal field for solo practitioners and those who wish to work part time.
Networking and Professional Development
Making connections and having access to the right resources can mean the difference between stalling out and fast-tracking your career. The legal realm is often branded a networking-centric industry, where many desirable career opportunities are ushered into the light purely due to the connections made by those already entrenched in the chosen field. When preparing for a career in family law, proximity to the right people can make an unparalleled difference.
Consider joining a few key professional organizations that can give you a leg up when starting your career. The American Academy of Matrimonial Lawyers (AAML) and the International Academy of Matrimonial Lawyers (IAML) both offer invaluable networking opportunities that can get you where you need to go more quickly and with fewer pitfalls along the way. However, it isn’t just national professional organizations that are effective sources of networking opportunity.
Local and state bar associations can provide one of the most beneficial ways to meet and connect with other legal professionals who are focused on family law. Connecting with others at your local Bar Association often brings opportunities you might have missed due to lack of exposure to the right relationships. In addition to new avenues of professional opportunity, strong connections can benefit your clients as well, by affording them the opportunity to have their case met with an experienced and well-connected professional.
Networking opportunities abound at workshops and seminars, including CLE. In many cases, these events focus on niche areas of law or emerging new trends that are rapidly growing in popularity. Engaging with other professionals in attendance can put you front and center for opportunities to cultivate lucrative relationships down the road.
In the course of network building and ongoing education, it is paramount to remember that the personal relationship you cultivate with each individual potentially holds the keys to your future career success.
Family Law Career Challenges
Like most career fields, family law comes with its unique set of challenges. Perhaps the most talked about (and least understood) is the emotionally charged nature of the work. The vast majority of people who come to lawyers for help are doing so after having already gone through a major life crisis; figures like divorce or having a child are just as emotionally tough as they are logistically complicated. Family law professionals have to deal not just with people who are going through more than most of us ever will in our personal lives, but also sometimes with people who are still dealing with the fallout of past incidents, while simultaneously having to find the best legal path forward. This can lead to some stressful and difficult conversations as attorneys walk clients through their options not only for their current situation, but for their future as well.
At its core, family law is focused on relationships, and while sometimes those are great, a lot of the time they are not. Clients are not only work with a lawyer but with a lawyer’s team, and if one or more of those people rubs their clients the wrong way, that can poison the entire case. So the expectations of who you might interact with on a daily basis – whether it’s an attorney, a paralegal, or someone else entirely – during a case needs to be carefully considered when looking for a position in family law.
Trends in Family Law
In an era where rapid changes in society are a given, the family law landscape is no exception. Emerging trends in family law are shaping the way practitioners operate and the way people resolve their family law issues. From technology to changing social structures, family law is adapting to the new world.
As technology continues to permeate our personal lives, advances in technology have also made their way into legal practice. In family law, the use of technology in all forms is becoming increasingly common. Video conferencing software, digital evidence management, and electronic filing substances stand in for the traditional in-person court appearance and the couriered box of evidence. Technology also plays a role in the ever-growing wealth disparity between spouses, particularly when it comes to perceived hidden assets. From digital asset tracing, virtual reality orientated lifestyle assessment tools, to apps and games that can be deployed for settlement negotiations, lawyers are using technology to enhance both their practice and support their argument. It is now commonplace for family law lawyers to rely on some aspect of technology in a family law matter.
Of course, technology is not the only emerging trend in family law. The social fabric of the family is evolving at a fast pace. Divorce and separation no longer happen in a linear fashion. As the number of divorces rise in Canada, the profile of those seeking legal assistance is radically changing. Factors such as age, income, and social status are no longer seen as determining factors in who might seek legal help. Previously, clients who were empty nesters or retirees were thought of as the typical clients. Now we have lawyers representing younger clients seeking help re-entering their previous lives after a short-lived marriage. Adults are also picking up and emigrating to a country where they can have a fresh start. As a result, the role of a family lawyer and law firm transcends just divorce, and may even include offering services beyond family law .
As the fabric of society changes, the traditional norms surrounding marriage are also evolving. In the last decade, the concept of family has evolved from the notion of a traditional monogamous and prescriptive union to more accepting ideas of what constitutes as "marriage". The legalization of same-sex marriage in 2005 is now followed by the growing acceptance of polyamory. Couples are now cohabitating without setting a legal date. There is a notable rise in the emergence of living apart together ("LAT") relationships. All of these concepts create a landscape where previously defined rules of marriage no longer apply. This causes havoc with the existing legislation that is already behind the curve in supporting and providing guidance to these new ideas of unions. How court will interpret these new unions is still to be determined. For lawyers, this means that every word in the law must be examined with a new lens to determine whether these new unions are addressed and, if so, how the law applies.
Emerging trends in family law also include ever-changing legislation. Revisions to the Divorce Act include modernizing the language and framework of the act. Changes such as the adoption of new grounds for divorce, relocation and reviewable orders, it is clear the government is trying to catch up to the current trends in society. Will moving towards a more modern system result in litigation? It remains to be seen whether lawyers will be taking their fight to the courts or to alternative dispute resolution. According to a recent family law survey, Most lawyers agree that mediation and arbitration have lower costs than litigation, a shorter time frame, and are less damaging to client relationships. With regard to future trends, changes to the divorce act and a more modern approach to family law, lawyers and clients will have to study and understand the practical impacts of these changes. New lawyers coming to the practice of family law must consider the emerging issues before their clients do.