Is there a difference between divorce law and family law? Divorce law and family law are terms that are used interchangeably but they should not be. In reality, family law has many countless issues and divorce law is only a small part of them. These terms should therefore not be used interchangeably. An attorney who specializes in family law can handle divorces while a divorce attorney may not be an expert in everything related to family law matters.
This article will further elaborate on the difference between family law and divorce law to help you understand them better.
Family law
When you are dealing with a divorce, other issues may arise along with it. Such matters include cases of paternity determinations, adoption, name changes, child abuse, juvenile delinquency, and child emancipation, which may require the help of the court to help you sort them out. Family law is the legal practice domain which will help you resolve such family issues.
Attorneys in such domains represent their clients in family courts proceedings. They could also lead negotiations or draft legal documents like property agreements and court petitions. Family law attorneys do not necessarily have to deal with divorce matters.
The following is a list of what family law entails.
1. Paternity
These are cased mostly filed by a mother who wants to secure child support from the father who is absent. It is also acceptable for the child’s biological father to file for paternity in order for him to have a relationship with his child. DNA tests are done to determine paternity.
2. Divorce
Divorce is part of family law. When it comes to divorce, each partner is allowed to hire their individual attorney in which case they could go for a family law attorney or a divorce law attorney. The attorneys will help the couple divide their marital property, designing a plan for child custody, come up with a spousal support system, and visitation.
3. Child custody and support
This is basically the decision made on who will stay with the children and how will the couple support them. Settlement agreements and court orders involving both support and custody are issued to both parties involved. They are required by the law to follow what is stated in the agreements.
4. Adoption and foster care
Child adoption can be a complex process that needs the assistance of a good lawyer. The adoption process also differs according to the adoption type. It is good to consult a family law attorney before undertaking such
processes because the will give you the correct advice and help.
Divorce law
Divorce law, on the other hand, is more focused and mainly deals with divorce cases. So, what is a divorce? Well, put simply, it is basically the termination of legal marriage or just dissolution of marriage. What sets divorce law apart from family law is the fact that divorce law has nothing to do with the adoption of kids or any sort of paternity tests, among other issues that family law is concerned with.
There are divorce law attorneys who specifically specialize in divorce cases. Family lawyers, on the other hand, can also help you with divorce cases, although they are not limited to only these, as shown above.
Divorce involves issues like child custody and the division of marital property. It is important that you look for a divorce lawyer who is interested in your economic as well as other interests in the divorce. The attorney you hire should make you feel comfortable and confident since divorce is an intense and emotional process. The attorney should also know how to delicately handle people and have a very grasp on what the law says about different divorce matters.
What you should know about divorce.
It is basically terminating two peoples’ financial and legal relationship. Each divorce is different and unique, and they mostly have disputes. The lawyer simply helps the involved parties settle disputes. Here are the main issues that divorces have:
1. Property division
Property acquired during the period of marriage is ?’marital property’’ and is mostly divided equally
2. Child support
Child support is the monthly payment made by the spouse who has no custody of the children. It is meant to be spent on the child’s needs.
3. Child custody
During a divorce, the court must make a decision on where the children go. The court decides what’s best for them if they are minors. This includes, where they will stay and who makes the decisions. It is the most difficult part of the divorce.
4. Alimony
This is also referred to as spousal support. It is a periodic (monthly) payment form one spouse to the other. It follows the court order or agreement put in place. It is put in place to correct any unfair economic consequences of divorce.
Final word
Family law is basically the larger cake, which divorce law is just a small slice of it. Divorce is a family issue. If you want an attorney to handle a family matter, it is best you choose a specialist in your problem area. However, attorneys specializing in family law can also be experts in divorce law as well, along with other family issues. Make sure you get an attorney that best suits you.
