Free Guide For Family Law [Examples + Best Practices]

Published by:
Mike Chelbet

Reviewed by:
Alistair Vigier
Last Modified: 2023-08-12
Are you looking for a free guide to family law? Today we are covering what family law is and how it works. We will provide real tips from lawyers.
Many lawyers get into family law because they want to help children. Of course, children are part of families.
And of course, families have problems. When these problems are dealt with in a proper way, it improves the lives of the children.
No child wants to spend their youth in the middle of a bitter divorce. Picking between mom and dad all the time.
What Do Family Lawyers Do?
The practice of family law is very diverse. Family lawyers work on adoption, divorce, custody, and child support. At other times the lawyers work on protection issues.
Sometimes you might have to work with federal courts. At other times, international courts.
Let’s say there is a couple who lives together in Vancouver, Canada. One of the parents takes the child and moves back to Shanghai, China.
The child is now outside of Canada. The lawyer you hire might be able to get a court order in Canada, but so what?

Free Guide For Family Law
This court order will have to be sent to a court in Shanghai. Your lawyer in Canada will likely have to work with a lawyer in Shanghai.
There will be many challenges. These include language, different laws, cultures, and time zone differences.
Hopefully, the two lawyers will be able to work together and get the child back to Vancouver, Canada.
Free Guide for Family Law
Family lawyers don’t only go to court. As a matter of fact, only around three percent of cases go to trial. Although many litigation cases involve hearings that take place in court.
Family lawyers prepare marriage agreements, and separation agreements, and file divorce paperwork.
The separation agreement is not the divorce paperwork. Many people sign a separation agreement and think they are now divorced.
Years later they find out they are still married.
People that do proper legal planning reduce their chances of going to court.
How Much Does Divorce Cost?
There are massive differences in legal costs between uncontested (no court) and contested (court) family law disputes.
The average uncontested family dispute costs around $2000.
The average contested family issue costs around $10,000. In addition to the legal fees, there are court fees and process server fees.
People often want to save money by not doing marriage agreements or separation agreements. But they are simply wrong.
Statistically, it doesn’t save them money. Most people think they are the exception.
Family Lawyers Can Also Be Like Accountants
Family lawyers spend a lot of time using expensive calculation software. These programs often cost around $500/year to get.
They help the lawyer calculate child support and spousal support. Do not use online software, it’s normally worthless. Many factors come into play when calculating support.
Online support calculators often just use a few factors. Also, many online calculators are outdated.
More importantly, a judge will likely not accept your results from an online support calculator. Credibility is important in court, even more so than knowing the law.
Men Have Rights In Divorce Court
There is a fake myth going around that men don’t have rights in divorce court. I’m not sure where this myth came from.
Many men who lose custody of their children seem to use the fact that they are men as an excuse.
However, when you get down to it, many of those men lost custody because of their criminal past or because they are alcoholics.
Others simply don’t make enough money to be able to have custody of their children. The judge thinks the children are better off with the mother.
Many people that go through the justice system will never accept that they were wrong. When a judge doesn’t see things their way, they get bitter.
If you need more than a free guide for family law, contact us. We can connect you with a family law attorney.
You can also just search for lawyer ratings on our home page, and find an attorney that way.
Mothers’ Rights Versus Father’s Rights
Pretty much all the judges care about is what’s in the best interests of the children.
Don’t assume that because you are the mother, you will win custody. This is total nonsense.
And if you are the father, don’t assume that you cannot win. You have equal rights as the mother.
There is no need for you to enforce your rights. You already have your rights when you enter the courthouse.
Instead of worrying about what your rights are, think about how you are going to win your case.
Your job is to present the facts and apply them to the law. You need to bring witnesses and show the evidence.
And again, show that you are clear-minded and credible.
Show how you are the best option for the kids, instead of trying to tear down your spouse.
Don’t defame your spouse on social media, that makes you look crazy.
Judges won’t like it.
Free Guide For Family Law
You don’t need to explain to the Judge what rights you should have. Everyone has the same rights. There is no difference between men and women.
You will want to explain how your child is doing in school. Further, you will want to show that the spot where you live is best for the child.
Maybe you live near where your child goes to hockey practice. Or maybe all your child’s friends live near your house. Again, you are trying to show that your plan is in the best interests of the child.
If your spouse lives one hour outside of town in a small condo, that will likely hurt their chances of winning.
These are just a few things that Judges in Canada think about. You want to put together a plan and evidence that suggests that you should have custody.
Using a family lawyer in Canada is a great way to help put together this plan. Lawyers know exactly what divorce Judges are looking for.
How Can You Enforce Your Rights In Family Law?
If you can show that the child is in danger with the other parent, you can present that evidence.
If you have a copy of the police report of your ex-spouse being arrested for assault, you can show that. Often, drugs and violence are what concern Canadian judges the most.
If your ex-spouse was arrested for shoplifting, then that will likely not have any impact. How does shoplifting affect being a parent?
The criminal actions of your ex-spouse need to cause fear in the Judge.
Basically, the Judge needs to be concerned that your ex-spouse is going to hurt the child.
If the ex-spouse is using cocaine at home, you might show that there was cocaine on the table where the child eats.
If a three-year-old child ingests drugs, that could cause harm.
What Are Family Law Pleadings About?
In general, family law pleadings are a formal document that is filed with the courts. It “pleads” or, “asks” the court to administer some type of “relief”.
The contents of any pleading will often differ depending on the reason why it’s being filed. But in general, it might include petitions, replies, motions, answers or complaints.
Sometimes, signing a document such as a separation agreement fails. After continued correspondence, you have no other choice but to initiate a court proceeding.
Starting a claim with the court should normally be plan B for the signing of a domestic agreement.
Think hard before starting the claim. Be sure that choosing litigation is your best option. Before filing a pleading, always try everything else first.
Your Future Relationship With Your Ex
You might be fuming with anger towards your ex. But be aware that’s how you feel RIGHT NOW. You might not be so upset after a year or two.
If there are no kids involved, you might just be able to walk away from each other’s lives.
But if you do have children, that option is non-existent. Your relationship as parents will always be there, even if you’re not together anymore.
The courts will want to see that your children are protected before approving your divorce.
Free Guide for Family Law- Consider Your Children
Your kids will be aware when you are fighting conflict with your spouse. It will be difficult for them to understand that, regardless of their age.
When parents are involved in a court proceeding, it will be difficult to safeguard the children.
The kids almost always get involved in the litigation. Sometimes your kids will be used as leverage in court battles. This might affect your children in ways that you never expected.
Be Aware Of Your Own Emotions
Litigation will always be uncertain. No lawyer will ever guarantee that you will be successful in any issue. In the end, a judge – someone who knows nothing about what you feel, will decide about the things that matter to you most.
The judge’s decision will always be in favour of one party, inside of being something in the middle. On top of that, litigation, without a lawyer, will stress you out as court procedures are not consumer-friendly.
The documents and processes will be a whole new ball game for you. Anxiety and uncertainty will always be with you during every court appearance.
Consider Your Budget
If ever you decide to get a lawyer, encourage your lawyer to keep you outside of court if possible. A lawyer can often help you breeze through things without going through all the fuss.
But if you cannot keep your emotions in check, you’ll pay a huge fee, especially if you make it all the way to trial.
Without a lawyer, litigations can still be expensive, if you lose your case, you might be prompted to pay for the other side’s fees as well. Court fees can also be expensive, sometimes $200-600 every time you do something.
Remember these things, since they are essential in any pleadings that might happen.
You Need To Properly Serve Your Spouse
Since an application is a document that will generally start a court proceeding, it must be served to the “responding spouse” properly.
What this means is that a process server often must serve the application into their hands for the application to be in effect.
Has an applicant’s spouse started a disputed court proceeding? They will often need to submit the application along with their financial statement but speak with a lawyer to confirm.
The financial statement is a file that the applicant’s spouse’s lawyer would prepare. It states the applicant’s spouse’s assets, expenses, income, and liabilities. Sometimes it includes other information.
Family Law Pleadings And Financial Statements For Divorce
There are a couple of different types of financial statements used. It sometimes depends on if they are married or not. The type of crucial information might be different in each case.
For your lawyer to be able to complete the Financial Statement, your accurate and full financial statement must be submitted to them.
Guide for Family Law
Full financial disclosure is a trademark of the family law system and, as such, it is very seriously taken by the courts.
This is the reason why any spouse submitting a financial statement must appear at their lawyer’s office and insist that the contents of the document are true.
Financial statements must be updated consistently to keep the court up to date on any changes in the parties’ financial conditions.
Responding To The Other Spouse’s Family Law Evidence
The Answer is the document that the responding spouse will use to address the claims put forth in the Application.
The responding spouse would advise the court if they agree or not with the claims stipulated in the Application and also will have to forth any additional facts that they feel that the court should know.
Also, the responding spouse is allowed to make claims of their own if they feel that the Application has necessary types of relief absent.
You Need To Reply Within 30 Days
The responding spouse should be able to submit their Answer within 30 days of receiving the Application.
Failure to do so will mean that the applicant’s spouse can proceed in their court action without any other notification to the responding spouse.
This would entail that the applicant’s spouse can have a trial before a Judge without the responding spouse’s evidence.
For this reason, you must talk to a lawyer as soon as you receive the Application. A financial statement can be provided as well, and the same rules would apply.
Family Law Pleadings And The Other Sides’ Response
Once the applicant’s spouse has received an answer, they will have the chance to submit a reply. There will be a time limit on the reply depending on the state or province.
The reply will give the applicant’s spouse a chance to answer anything raised by the respondent’s spouse.
The applicant’s spouse is sometimes not permitted to raise any new evidence or claims in the reply.
So, all in all, make sure you have everything well planned out before starting. If you’re the one creating the pleading, or if you need help replying, we can connect you to the best lawyers.
How To Find A Family Lawyer Online
Are you looking into how to find a family lawyer online? Looking for a family lawyer may be quite a difficult task, especially if you don’t have any idea where to start with.
However, if you know some procedures to do and what questions to be asked to the lawyer, then you can surely find the best one for you and your family.
Even though a lawyer is not always necessary if you’re dealing with some legal situations, it would still be helpful if you want to consult them for proper counselling.
If you are deciding to hire an attorney for your family, then you may be wondering how you can find the best one out of the numerous lawyers out there.
Free Guide for Family Law
Before you start searching for a lawyer who can help you in dealing with your concerns, it would be better if you will understand first the different kinds of lawyers. Lawyers have different fields of expertise and practice areas.
So, in case you might be confused about what specific type of lawyer to choose if you don’t have any notion about this matter.
Once you learned these different types, the next thing that you need to do is to focus on a lawyer who practices a type of law in which you need some pieces of legal advice.
Don’t Rush Into A Decision
Whether you are trying to look for a lawyer in your locality or you opt to find an attorney online, it is always essential to be meticulous enough in choosing the right one for you.
Always select the best and most experienced attorney who can handle your cases or concerns.
Since online searching could be an easy way to look for a family lawyer, you may also make use of your internet and go hunting by visiting some reliable websites.
Free Guide for Family Law
Tap and use your network – You can ask your family, friends, colleagues, and your acquaintances if they know any lawyers in the locality.
Personal references would be one of the most reliable means of finding an ideal lawyer for you. If you also know a trusted lawyer in your locality, then you can ask them for some referrals.
They may recommend some of their colleagues who can help you in handling your case based on their field of expertise.
Then, once they recommend other lawyers for you, you can search for them online. You can start searching for their credentials and background information related to their practice areas.
Know Which Websites To Look On
Check if they also gained a good reputation in line with their professions. You should look at lawyers’ ratings on our website as a good starting point.
By searching everything on some reliable sites, you will also know the chances of winning your case based on their successful track records.

Free Guide for Family Law
Visit some reliable sites online and read different reviews.
Reading reviews pertaining to the professions and careers of lawyers would be useful for you.
It’s helpful to know if they have a background with your case or concern.
You may opt to visit Martindale, Avvo, or Hubbell since these sites are reliable in providing information about disciplinary records, practice areas, and the specific locations of the lawyers. At least, in this way, you can find a well-experienced lawyer nearby.
And of course, rate your lawyer on ClearWay Law as well. You can find out how to do this on our main page.
Free Guide for Family Law
Choose a lawyer who offers a free consultation at the beginning – Some law firms offer a free consultation regarding specific cases.
In fact, some expert or well-experienced lawyers provide their best deals and offers by shouldering all expenses of the case first.
Then, reimbursement for these expenses will be made after winning the case. This is how expert lawyers deal with their clients, especially if they believe that they can defend and win the case by any means.
Consider a family lawyer who offers reasonable rates.
Consult a Lawyer Directory
Lawyers are one of the high-paying professions in the market. However, some lawyers can even give you discounts and reasonable rates, especially if they don’t have any single doubt about handling your case.
This lawyer should be one of your top choice priorities because they can be a great help for you during the trial in court.
If you just want to consider a lawyer nearby, then you may also opt to consult a directory for your state bar association’s lawyer. This directory will give you a list of lawyers who can be found within your area.
Thus, you don’t need to invest more time in searching for lawyers by visiting from one site to another site.
As much as possible, always narrow down your options so that you will end up choosing the best one whom you can trust with your concerns.
Some Questions to be Asked Before Hiring a Lawyer
Don’t just pick a lawyer whom you didn’t know at first. It is always a wise option to select the best lawyer among the best selections that you have picked.
And once you narrow down your choices, it would be better if you will meet them in person one by one.
You can ask several questions to find the best one that is suitable for your case. Here are some of the questions that you can ask during a one-on-one interview with them before hiring an attorney:
How long have you been in this profession? Have you also handled a specific case similar to your concern? What were the results of those cases you handled?
Do you offer a free consultation? If you don’t, how much is the cost for the initial interview?
What Services Does The Lawyer Offer?
What services do you offer? How are payments meant to be made(instalments, lump sum, etc) just in case we consider you as our family lawyer?
Are your fees negotiable, or are those fees already fixed?
Do you have enough time to commit to handling my case? What is your current caseload like?
These questions are some of the things which you may ask your chosen lawyers. Although these may be some candid queries, lawyers understand the way you feel.
Free Guide for Family Law
They can also give you some forthright answers to your queries.
So, don’t be scared to ask questions, for these will provide you with better insights into choosing the right family lawyer for you.
We hope you found this free guide for family law helpful.
If you need to find a family lawyer online, find one on our website. Go to our main home page to look at your options.
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