Month: June 2019

Gold Coast Family Lawyers

Ignorance of the law excuses no one. Regardless of your family background, social or economic status, profession or affiliation, you are bound to abide by the law or suffer the consequences of your own actions. No one is above the law, and that is why any form of violation, may it be minor or severe, could offer you a penalty or put you behind bars.

 

Criminal cases implement stiffer penalties while those involved with civil cases often come to an amicable settlement depending on the nature or gravity of the case. In situations where amicable settlement is not possible, civil cases are brought up to higher courts for disposal and decision. Others, if lucky, results in desistance from the plaintiff and dismissal from the judge who finds a case to have a lack of merit or evidence.

 

Cases involving matters in the family are catered by Gold Coasts realiable family lawyers. They could be working as an individual legal counsel or a team of attorneys who are licensed to manage legal problems between members of the same family. The following legal services are as follows:

 

Divorce

 

There are several grounds in filing for a divorce that could contribute to a partial or total dissolution of marriage. A court or any competent judicial body could legally implement legal separation due to the following grounds:

 

  • Adultery and concubinage – When a woman commits any form of marital infidelity, it is called adultery. In the same manner, if a man commits the same act, it is legally termed as concubinage. Both could have the same penalty or could have a different verdict depending on existing rules and regulations and or at the discretion of the court represented by a jury or a sole judge. The most common ground is a discreet sexual activity with another man or woman referred to as the third party.

 

  • Cruelty – this involves any form of violence against women and children. Inflicting psychological, emotional and especially physical pain totally defines this legal ground. Battered wives and traumatized minors could bring this to affiliate courts for proper legal remedy or action.

 

  • Abandonment – an action that encompasses not only leaving the family behind without any valid reason but also the failure of the offender to provide financial and economic support to the immediate members of the family, especially the spouse, for a more extended period of time.

 

  • Mental illness – If either the husband or the wife is proven to be psychologically ill or incapacitated, it places his or her spouse and children in danger. The family lawyer and the judge seek the help of a psychiatrist or a psychologist to testify and reveal his findings and diagnosis to establish a conviction.

 

  • Criminal conviction – A person convicted of a crime and was found guilty of the offense beyond reasonable doubt, loses the credibility of standing as the head of the family or a wife to his husband and a mother to her children.

 

In some states, additional grounds like religious affiliations, impotence or sexually incapacitated spouse and drug abuse could merit a divorce.

 

Adoption

 

It is defined as legally taking a child and bringing it up as one’s own. Family lawyers represent the biological parents and the would-be parents in court to come up with a comprehensive agreement that will prevent future lawsuit claims from both parties.

 

Guardianship

 

This legal remedy or action applies to both children and adults. It is defined as a legal relationship created when a person or institution named in a will or assigned by a court of law is given the sole responsibility, on their own free will or capacity,  to take care of minor children or incompetent adults based on certain criteria or standards provided by law.