The Biggest Challenges of Family Law

The legal profession has a lot of intelligent individuals who are very good at what they do. Unfortunately, as with most things, there are some limitations to the system that are beyond the control of the individuals who are part of it. It’s important to understand these challenges when selecting a family law attorney.

Family Courts Hit Hard by Budget Cuts

Many states have seen dramatic cuts to their court systems, significantly more during the pandemic. These reductions in court services have taken a considerable toll on the family court system. Unfortunately, so many people come through family courts and are impacted by the hard financial hits family law has taken. Some states have seen up to 1 billion dollars in cuts over the past year, which has led to reductions to over 50% in many places.

Too Few Trained in Family Law

Family law is a complicated business. While there are obviously legal implications to family law proceedings, there are often just as much, if not more, complexities that arise due to financial and emotional toll. Because of the emotional nature of family law, it is often difficult for lawyers to provide their clients with the help they need to properly resolve their issues. Law school provides a great deal of general training and covers a wide array of subjects. Interestingly enough, it is not unusual for an attorney to have not taken any courses related to family law. Law school focuses heavily on learning the law and the art of argumentation but does not spend as much time on how to conduct interviews and negotiate terms, specifically in emotional situations.

Not All Judges are Family Law Experts

While you would assume that once your case goes to court you will stand before a knowledgeable judge who will handle your issues. Typically, the requirement for judges is that they have served a specific amount of time as a lawyer, have a clean record and are recommended or elected by their peers. There are no written requirements for judges to have training or experience in handling family law cases, however. Many judges are appointed by elected officials, such as Governors, and new judges are given a brief education at judge school as to how to perform their new role. The interesting issue after that is that once they have completed their brief training and are assigned, they are expected to learn the area of practice they are placed in.

It is important when venturing into legal waters in the family court system to ensure that you are represented by someone who is qualified, knowledgeable and well-versed in all family law issues.