Family Law for Paralegals

WHY STUDY FAMILY LAW? Once I heard someone from the state bar speak about how to avoid having grievances filed against you as an attorney. This man, whose name I do not recall, stated that the best way to avoid grievances was not to practice criminal law or family law. While those of us in attendance laughed, we also knew how true that statement was. Why is this true? Probably because criminal and family law tend to evoke people's emotions more so than other areas of the law. Often clients will be unhappy with the outcome of the case no matter how wonderful the results, just because it affects their lives so personally and directly. So why study family law? First, as a practical matter, family law is the bread and butter of a number of law firms. While areas such as bankruptcy, real estate and environmental law tend to come and go depending on the economy and societal trends, family law is a constant and always in demand. Second, the practice of family law can provide personal satisfaction. While family law matters may be presented in a negative light by the media, not all family law matters revolve around negative or depressing issues. Family law attorneys often address matters such as marriage and adoption, which tend to be happy occasions. However, the majority of the issues that arise in a family law context tend to involve turbulent and emotional matters for the client. It is always important for legal professionals to remember how volatile these issues can be for the clients. For family law professionals, the practice of family law can become routine and unemotional. And while being emotionally detached from the case has its advantages, it is important to remember that for the client, it is not just another case, but their only case. Third, the study of family law can be personally beneficial to the student. Because of its very nature, family law will touch all of our lives in some form, whether it affects us personally or affects someone we know directly. Family law controls our relationships, our families, our property. Once family and friends find out you are studying to be a paralegal or legal assistant, it won't be bankruptcy or real estate questions that they call you about in the middle of the night. Family law is really a study of people and their attitudes. It is society trying to legislate morality. Therefore, the study of family law is often interesting, entertaining, and thought provoking. GENERAL INFORMATION This textbook provides anintroductionto family law. It deals with many of the basics that are dealt with by paralegals in a family law practice. The information in this textbook is intended to provide the reader with the groundwork necessary to understand and analyze the variety of subjects that comprise "family law." Chapter 2 begins with a discussion of the legal basis for marriage and explores the various means by which a valid marital relationship may be formed. You will learn about the. federal constitutional basis that provides protection for the right to marry, limiting state governmental entities in their regulation of the marital right. Chapters 3 and 5 explore in detail the various methods by which the marital relationship may be terminated while Chapter 4 describes certain contractual agreements that can be used to provide protection for the property interests of the parties, both before and after the formation of a marriage relationship. While each of these topics explore substantive issues of family law, Chapters 6 and 7 provide the procedural framework with which a paralegal must become intimately acquainted. Chapter 6 contains basic definitions for terms commonly encountered by the paralegal, such as jurisdiction and venue. Chapter 7 outlines the steps and generally discusses the documents required for processing a divorce case, beginning with the client interview and ending with the final divorce decree. [read more]