Keeping It Real - 6 Things To Consider Before Filing Your Family Law Case

Filing a family law case, whether it be for divorce, child custody, child support, or any related matter, can be very stressful and bring with it a flood of emotions. Sometimes these emotions can be so powerful that they can cause one to lose sight of the realities involved with family law proceedings. It is important to consider the things that are truly relevant to your case and will factor into a judge’s decision making process. To get the best possible outcome with your family law case, it is important to consider these six key points:

1. No hearing outcome is ever guaranteed.
Don’t jump into a case certain that you are going to win or teach the other party a lesson. Sometimes it happens, but other times it doesn’t. At Smith Law Group, we present different possible scenarios, and possible outcomes, to our clients, based on the known facts of their case. However, it is important for clients to keep in mind that with family law cases, many factors will be at play, some of which may not be apparent at the start of the case. It is important to be aware of this and know that specific outcomes can never be guaranteed.

2. Family law cases are not often outright “won”.
Generally, the court attempts to balance both parties’ positions, with the top priority being what is best for any children involved. It is important to keep in mind that judges are real people with real thoughts and emotions. At Smith Law Group, we are very familiar with the local judges. This familiarity allows us to recognize what they are likely looking for when deciding a case. We use this knowledge to present our clients’ cases in the best possible manner, to get the best possible outcomes.

3. You are bound by the facts of your case.
The facts of your case have already been laid down by the time you seek legal services. It is a lawyer’s job to help you present your facts to the court in a way that is favorable to you, but a lawyer cannot change the facts of the case. It is important to be truthful and accurate with your lawyer. False information, brought out in court unexpectedly, can have devastating consequences to your case.

4. Your child is half someone else’s.
Custody and child support cases typically involve two parents. It is important to keep in mind that a child, or children, are not just “yours”, but both of yours. The court’s starting point is to have both parents involved in the children’s lives as much as is reasonably possible. The court believes children thrive with access to both parents, and unless there is reason not to do so, they typically rule in favor of involvement by each parent. Facts that oppose this general rule must be presented succinctly and believably if a party is seeking limited contact with the other parent. Negative facts need to be specifically brought to the court’s attention, and supported by evidence or reasonable implication. This is where a good attorney can help you tremendously - an experienced attorney can gather the relevant facts and present them to the court in a way that can help ensure a ruling in their client’s favor.

5. Retribution is not a valid goal.
An attorney should not be hired with the hope to get retribution, or “pay-back” for you. The attorneys at Smith Law Group are here to help you get everything you deserve under the law, and to ensure that if you have children, they are left in the best possible position for their future well-being and happiness. Retribution, although sometimes a searing desire, is generally frowned upon by the court, and any hint of it could potentially damage your case.

6. Seek the highest quality representation.
Every family law case is unique, to some degree, so it’s important for your attorney to understand your situation. A reckless approach to the handling of a case can often do tremendous damage and affect the outcome in unfavorable ways. A good attorney will listen carefully to learn the facts of your case, and any concerns that you have. The issues, the evidence that is available, and the desired result must be considered carefully, to develop a well-planned strategy to proceed with your case. Fact-based and reasonably argued presentations to the court are generally very effective and successful.

Family law cases can be highly emotional, and inherently difficult for all parties involved. It is so important to have the best possible legal representation with your case. It is critical that things are handled properly to provide you the best possible outcome. The family law attorneys at Smith Law Group have decades of experience helping clients navigate even the most complex family law matters. We are committed to our clients, and stand with them and help them every step of the way. If you have questions about your family law case, please reach out to us. We are always here to help!