Demystifying ARAG Family Law Advantages
While other plans limit help to consultations with a family law attorney, ARAG Family Law services cover more than 100 issues that range from divorce and adoption, to property settlements, to spousal and child support. If you have a legal problem related to family law, your ARAG Family Law services benefit may provide coverage and support for nearly any issue.
For example, such services as receiving a reality check on what you can expect in a divorce, getting help with property settlement and custody issues, and developing a will can be subject to coverage. And if you must go to court, $100 an hour can be applied toward the hourly attorney fee .
Your ARAG Family Law services also cover issues like claiming Social Security benefits for dependent children; representing your interests in a guardianship or conservatorship proceeding, and establishing paternity.
Plus, when using ARAG Family Law services benefits, you have a choice of how to connect with an attorney. You can get unlimited phone consultations with one of thousands of ARAG Family Law attorneys nationwide, or you can schedule an in-person meeting. You can even request help with a language other than English.
Best of all, because we make it easy to get started, you can use your benefit online or call an ARAG attorney. Plus, you have access to your benefit 24/7, so you can get help when you need it.
What You Should Know About an ARAG Family Law Attorney
A family law attorney working with ARAG® is expected to fulfill a range of responsibilities that help clients navigate their legal issues effectively. The attorney provides services in accordance with the ARAG® plan benefits and their practice philosophy.
Negotiation: Most family law matters require some negotiation between spouses, their attorneys and in some cases the court. Through the ARAG® plan you can expect your attorney to handle the communications necessary to settle your matter without the need for an expensive court proceeding.
Representation: If the attorney is unable to resolve a matter through negotiations, they will proceed to represent you before the court in a professional and courteous manner. In support of your matter, the attorney will prepare and file pleadings which provide information to the court on your behalf. Your attorney can also make applications to the court so they can obtain interim orders pending a trial or the final hearing date. In a trial or hearing, your attorney will present evidence and witnesses to support your case. Evidence may include calling a witness to testify and submitting any documents the court will review.
Personalized Legal Advice: Whether your attorney is negotiating a settlement or representing you in court, they’ll be there to provide advice that is tailored to your specific needs and goals in the matter. Your attorney must follow your instructions unless they conflict with their ethical duties.
Selecting an ARAG Family Law Lawyer
It’s important to get the right attorney for your needs. Whether you are trying to make a legal decision about divorce, child custody, child support or figuring out how to divide up property and assets, it is best to choose an attorney with the right qualifications.
If you have an ARAG family law plan, start by going online to their website and logging in to your online account. Once you are logged in, go to "Locate a lawyer." You can search by entering your zip code to find an attorney who specializes in the right field. You can also reach out to your company’s human resources department for more information on your benefits.
While finding an attorney who shares a similar philosophy and meets your needs is vital, it is equally as important to make sure the attorney has great credentials. With ARAG, you can instantly see an attorney’s biography, date of admission to the state bar and licensing information. The ARAG website provides information on attorney credentials such as educational background, places of practice, professional memberships, disciplinary history and practice standards.
Once you have some names in mind, do your homework on each one. Are there any disciplinary actions? How long have they practiced? Do they specialize in your specific area of need? Often times, there will be more than one attorney in your area who meet your needs, so it’s best to get to know them a little beforehand. Most importantly, use your instincts. Trust your gut on who feels like the best fit for you.
Go Online. Search the Internet for your attorney by typing in their name and geographical location. You can look at client reviews online so you get a better feel for what they are like. You can also check with the state bar to see if there are any disciplinary actions.
Common Family Law Matters Addressed by ARAG
Attorneys who work with families understand that this is one of the most important and stressful areas of the law. There are many reasons that a client may seek help from an ARAG family law attorney.
Divorce A simple divorce is designed for couples who have no minor children and do not own any property. The majority of divorces in the U.S. are not simple. For instance, a simple divorce cannot be filed if there is a dispute over who owns a pet or a valuable collection.
A contested divorce is simpler and can typically be processed in six months. However, depending on the circumstances, it can take much longer. There must be a filing of a petition with the court, and both spouses have to be notified personally, before divorce proceedings can begin.
A contested divorce often involves issues such as custody of minor children, large debts, maintenance payments, or the division of property. Spousal support, or alimony, is not as commonly requested by the court as it used to be. When an order for separation has been implemented, and one of the parties petitions for divorce, the separation agreement becomes the basis for the divorce.
Child Custody A divorce is not necessary in order for a non-custodial parent to establish custody and visiting rights. Some couples may remain married while separating their parental rights. Parents should have good cause to deny visitation rights, such as claimed parental abuse. A totally lack of relationship is also a reason to limit a child’s visit. Parents who live in different states should realize that the law of the state in which a child resides will have jurisdiction over establishing a parent’s visitation rights.
Child Support At the commencement of separation or divorce , spouses must file a request for child support in accordance with the law of the state where the child resides. A divorce judgment can order a spouse to pay child support even though the parties did not have children together. The amount of support is determined by the needs of the child and the parents’ ability to pay support.
Adoption Stepparents may seek adoption as a way to create a legal bond between them and the children of their spouses. This action terminates the relationship that the child has with the other biological parent. Stepparent adoptions are fairly simple, and they usually are finalized at the end of the trial period. Often, the biological parent gives up his or her parental rights.
Child Protection Proceedings The court may be asked to intervene on the behalf of abused children. Intervention can be as simple as removing the child from the offending environment or as complex as complete custody removal from the home. Although seldom reversed, adoption proceedings can be terminated when a parent poses a danger to her or his older children. A child may be considered a runaway when he or she exceeds the age of 12. A child under the age of 12 runs in a different "category " when he or she runs away from home.
Termination of Parental Rights Termination of parental rights was enacted to protect children from abusive or neglectful parents. The courts have jurisdiction to terminate or suspend the rights of parents who are unfit because of abuse or abandonment. Termination proceedings are very serious actions of the court designed to protect the child.
Making the Most of Your ARAG Legal Services
The first way to maximize your use of your benefits is to know your policy terms. ARAG provides a full summary of your members’ benefits. If you have access to the ARAG site, I encourage you to read your legal benefit summary pages and your contract. They provide a great deal of information on what is covered and under what terms.
Once you know your benefits (or if you are still confused), you have to plan to use them. For example, if you know you need to have a will drafted, it simply doesn’t make sense to put off that call to ARAG until you are about to leave for vacation in Bali. The most efficient use of a benefit like this is to have the will drafted a few weeks before your vacation so you can go relaxed knowing your loved ones will know how to take care of your affairs should anything happen.
Similarly, if you know you need a contract reviewed for your business, it makes a lot of sense to have that review done in advance so that you have time to amend any terms you don’t find to your liking (like if the contract has a non-competition clause that prevents you from doing business with that client for a period of time and in a defined geographic area). If you wait too long and don’t give yourself enough time to negotiate the terms before you start, then you will be stuck.
Finally, one of my favorites, is to ask questions/collateralize. All parties to a contract are required to perform, but if they fail to do so, you don’t have to pull the trigger on the breach action right away. Let’s say your business sells and distributes widgets. You enter into an agreement with a supplier for widgets. There are literally zero widgets available. You ask the supplier to see if they can get more widgets before a certain date. The supplier tells you they will have them, but they are not available yet. The widgets will be in long supply well after the date on your contract. So, if you want to sue the supplier for breach, you have to assert the claim. However, let’s say there is a dispute over the terms of the contract. If you want the judge to rule on the terms of the contract, you don’t have to use the term sought for performance if the other side isn’t going to be able to provide them. This is called "collateralizing." That means, if you are going to sue your supplier for breach, you can collateralize your gains to a period of time when the supplier has ability to perform (supply you with widgets.) No matter what the court rules, if there are sufficient widgets available, you will be able to exercise the award regardless of the outcome.
What do all these strategies have in common? Get to the Aragon and don’t be back for long.
ARAG Family Attorneys’ Reviews and Testimonials
Over the years, we have been consistently impressed with the high level of service delivered by ARAG family law attorneys. To illustrate the positive outcomes that have stemmed from engagement with an ARAG family law attorney, part of our evaluation process involves surveying a sample of ARAG consumers who recently utilized a covered family law attorney. We’re happy to report that ARAG family law consumers have provided several positive endorsements.
Following is a sampling of comments from ARAG family law consumers:
"Our baby was born two days before the court date when my husband was scheduled to sign an iron-clad agreement for visiting our daughter. My husband was admitted to the hospital and couldn’t make it to court. I called my ARAG attorney and he was able to get the court date canceled and another one set for a later time. The judge had no problem with an extension due to the birth of our child!" -ARAG Legal Plan Participant
"I recently got divorced and I think I chose the best lawyer. The lawyer kept me informed as things developed during the entire process. Everything was explained thoroughly and clearly. I was very pleased with the final settlement and the way the whole process was handled . Divorce is not a fun thing to go through, but my lawyer made it as painless as possible. I would definitely recommend him to others." -ARAG Legal Plan Participant
"The attorney I used was extremely helpful and did a great job. I didn’t even know there was a problem with my divorce until the attorney helped me understand my rights. Hopefully I won’t be in this situation again, but if I am I would feel comfortable using ARAG again." -ARAG Legal Plan Participant
"The lawyer was very helpful and knowledgeable. He was very friendly and made me feel relaxed. My case was very, very complicated and I felt I got the best representation possible." -ARAG Legal Plan Participant
"When I needed the services of an attorney due to domestic violence charges being filed on me, the ARAG attorney was very understanding and patient. He was able to help me through an almost impossible situation and we prevailed. I learned that I can seek an arrest record expungement even though the charges were filed, and I learned that ARAG will even pay for that if necessary. Thanks to all of ARAG’s support, I have been able to overcome this incident in my life. Thank you." ARAG Legal Plan Participant