Family Law Paralegal Services
Family law paralegals work in support of family law attorneys. A family law paralegal generally assists in virtually every aspect of a divorce proceeding, including all aspects of custody and child support matters. They also participate in domestic relations (also called spousal support and alimony in some states) for the attorney and in most counties a magistrate will oversee these proceedings with the assistance of the family law paralegal.
The family law paralegal prepares pleadings such as initial pleadings (I.e. divorce and family court complaints and answer/replies/counterclaims/cross-complains), motions, affidavits, orders, notices, drafting correspondence to opposing counsel and clients, trial notebooks for the attorney, discovery demands and responses, interrogatories and "discovery storage" and document indexes. The family law paralegal/paralegal may be called on to draft Financial statements and prepare supporting documentation for spousal support/alimony and child support claims .
The family law paralegal also works on child custody matters, including child custody evaluations, filing the necessary pleadings, preparing for child custody conferences/mediation, drafting child custody orders, and trial notebooks for the attorney.
The paralegal also drafts pleadings for abuse matters (e.g. domestic violence) and participates in the preparation of divorce brokerage agreements. The paralegal conducts research for attorneys concerning topics such as updates in the law; case law searches to find cases similar to their client’s issues, which the attorney can then research further; interviews and depositions, similar to discovery; assists in preparation of briefs noting significant points in the law; debates/argues before the magistrate or court in front of the judge; assists with jury selection; attends trials, takes notes and transcribes for the attorney, and contacts witnesses to appear and identifies who will be the witnesses. The paralegal is also there to provide advice to the client and the family law attorney.
Advantages of Employing a Family Law Paralegal
Cost-effectiveness
The financial benefits of engaging a paralegal for family law matters cannot be overstated. Paralegals generally charge significantly lower legal fees compared to those of lawyers. Due to the high demand for legal services, there is also an extensive network of family law paralegals in every jurisdiction throughout the country.
Efficiency
Big firms often justify their spending by claiming that large-scale operations lead to lower overhead costs and increased project efficiencies. As a sole practitioner providing family law paralegal services, I can achieve the same economies of scale as larger firms without the same levels of overhead costs. I have developed a proven and effective portfolio of administrative systems that allow me to efficiently handle my cases while providing the highest quality services to my clients.
Familiarity
Using a family law lawyer provides certain advantages as they would have a wider knowledge of legal matters. However, if a substantial portion of their practice is devoted to family law, a paralegal specializing in family law will have unlimited access to the latest and updated family law resources. Furthermore, nothing replaces real experience when it comes to understanding unique family law issues. Each file I handle faces unique challenges that I have not faced before.
CS and spousal support calculations are not simple and are different for each file depending on the facts presented. Every file I work on provides me with greater experience and insight into how to handle complex family law issues.
Typical Duties of Family Law Paralegals
For many, family law matters are their most personal legal situations. These cases evoke more emotion than almost any other type of case. From divorce to child support, child custody, paternity, guardianship, adoption and more, these cases are deeply personal and can be financially devastating. And yet, only half of Americans think it is important to hire an attorney for these matters. That leaves a lot of room for financial disaster — unless you talk to a paralegal first.
Here’s what you need to know about some of the most common tasks that family law paralegals handle under the supervision of an attorney.
The family law paralegal should have a strong understanding of the trial process. He or she may prepare the following documents: This process may include making court appearances with or for the attorney. A family law paralegal may conduct legal research related to statutes, procedures and legal precedent as the attorney deems such research necessary. These laws may include (but are not limited to) the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the Hague Convention, the Adoption and Safe Families Act of 1997, and the Indian Child Welfare Act. The family law paralegal works in tandem with the attorney to prepare legal documents needed for the family law case. These documents may include the divorce petition, response to petition, temporary orders, mediation pleadings and responses, discovery requests and responses, attach and release orders, child and spousal support pleadings, child custody pleadings, restraining order pleadings, termination of parental rights, petitions to adopt, name change request and cession of parental rights form, among a host of others.
Selecting the Right Family Law Paralegal
Selecting the right family law paralegal is critical to the success of your case. Your attorney relies heavily on this individual for support throughout the legal process. When choosing the right family law paralegal, be sure to look for the following qualifications: Certification: Thoroughly review the paralegal’s resume to determine his or her level of education. Para-legal folks should be certified by a recognized certification program, such as the National Federation of Paralegal Associations (NFPA) and the National Association for Legal Assistants (NALA). These organizations require paralegals to continue their education and keep their knowledge up to date for renewal.
Experience: Individuals working as paralegals may have a wide range of experience. They may only have worked for one family law attorney in their career. Or, they may have worked for five or six. The more experience a family law paralegal has , the better prepared he or she is to handle the stress and complexities of your case.
Communication Skills: To provide you with superior service at all times, the family law paralegal must possess good communication skills. These individuals work with you, your attorney, the courts and a variety of other professionals. This requires that the paralegal be a good communicator so that he or she can properly relay information throughout the process.
Familiarity with Family Law Regulations and Procedures: The family law process is quite complex, and can be confusing for many people. Your family law paralegal should be well versed in family law regulations and procedures. This allows them to provide guidance and support to you and your family. Additionally, they will work with a variety of family law entities on a regular basis. They are the ones who should interact with these entities on your behalf.
The Evolution of Family Law Paralegal Services
The role of family law paralegals within the legal industry is similarly set to become more prominent in the coming years. As the body of law continues to expand, and the focus on efficient litigation and legal compliance grows, the demand for skilled paralegals will continue to increase. In short, family law firms and legal departments will continue to use paralegals in many different capacities, from initial intake desk support and case preparation through to drafting briefs, motions, mediation support, negotiation, hearings and trial . When litigation is not needed and early settlement is possible, the paralegal saves time and effort by working to coordinate the necessary appointments, documentation and preparation needed to achieve the result. This is increasingly important for families, who often have limited time and they are facing other stresses in their personal and work life, and financially, during their separation and divorce. Litigating disputes unresolved near or at trial will truly require skilled, experienced paralegals to keep the case on track and the client or family members out of court as much as possible.