Family Law Attorney and Divorce Attorney—Is there a Difference?

Legal matters concerning family dynamics can be complicated and emotionally draining. When it comes to the field of law, there are various specializations that cater to specific needs. One such specialization deals with the matters of marital dissolution and family disputes.

In this article, we will scrutinize the roles of a family lawyer and a divorce lawyer to help you make a decision on who you should hire when you are facing family disputes. First, let’s define these two roles:

Definition of a Family Law Lawyer

Family law lawyers specialize in providing legal representation and they handle a wide range of cases, including divorce, child custody and visitation, spousal and child support, paternity disputes, adoption, surrogacy, domestic violence, and property division.

Definition of a Divorce Lawyer

A divorce lawyer is a legal professional who specializes in handling the legal aspects of dissolving a marriage.

Scope of Practice for a Family Law Lawyer

According to a family attorney from Kevin Lemley Law Partners, as of 2023, there are nearly 60,000 family law and divorce lawyers in the US. These attorneys and lawyers deal with a wide range of legal issues and services related to familial relationships and domestic matters. Here are some key areas:

1. Divorce and Dissolution of Marriage: Family Lawyers assist clients in navigating the legal process of divorce, including issues such as asset division, spousal support, child custody, and visitation rights.
2. Adoption: Family Lawyers guide clients through the complex legal process of adopting a child, making sure all legal requirements are met and facilitating the necessary paperwork and court proceedings.
3. Paternity Issues: Family Lawyers handle cases related to establishing paternity, including DNA testing, child support, and parental rights.
4. Domestic Violence and Restraining Orders: Family Lawyers provide legal assistance to victims of domestic violence, helping them obtain protective orders and safety through legal means.
5. Prenuptial and Postnuptial Agreements: Family Lawyers draft and review prenuptial and postnuptial agreements, outlining the financial and property rights of spouses in the event of divorce or death.
6. Legal Separation: Family Lawyers assist couples who wish to separate legally without seeking a divorce, addressing issues such as property division, spousal support, and child custody.
7. Guardianship and Conservatorship: Family Lawyers help individuals establish legal guardianship or conservatorship over minors or incapacitated adults, ensuring their well-being and managing their affairs.
8. Estate Planning and Probate: While not always exclusive to family law, some Family Lawyers offer services related to estate planning, wills, trusts, and probate administration, especially when these matters intersect with familial relationships.

Overall, the scope of practice for a Family Lawyer revolves around providing legal guidance, representation, and advocacy to individuals and families facing various challenges and legal issues within the context of familial relationships.

Scope of Practice for a Divorce Lawyer

The scope of practice for a Divorce Lawyer is centered around providing legal counsel and representation to clients navigating the dissolution of marriage. Here are the key areas within the scope of practice for a Divorce Lawyer:

1. Divorce Proceedings: Divorce Lawyers guide clients through the entire divorce process, from filing the initial petition to finalizing the divorce decree. They handle all legal aspects of the divorce, including negotiations, paperwork, and court appearances.
2. Asset Division: Divorce Lawyers assist clients in dividing marital assets and debts equitably, see to it a fair distribution according to state laws and considering factors such as property ownership, financial contributions, and prenuptial agreements.
3. Spousal Support (Alimony): Divorce Lawyers advocate for their clients’ rights regarding spousal support, whether seeking or contesting alimony payments. They assess factors such as the length of the marriage, each spouse’s financial situation, and contributions to the household to determine appropriate alimony arrangements.
4. Child Custody and Visitation: Divorce Lawyers help clients navigate child custody disputes, working to establish custody arrangements that serve the best interests of the child. They negotiate custody agreements, assist with parenting plans, and represent clients in custody hearings and mediation sessions.
5. Child Support: Divorce Lawyers assist clients in determining child support obligations based on state guidelines and relevant factors such as each parent’s income, childcare expenses, and the child’s needs. They advocate for fair child support arrangements and make sure to follow the court orders.
6. Mediation and Alternative Dispute Resolution (ADR): Divorce Lawyers may facilitate mediation sessions or other forms of ADR to help divorcing couples resolve disputes peacefully outside of court. They work to find mutually acceptable solutions on issues such as asset division, child custody, and support payments.
7. Enforcement of Court Orders: Divorce Lawyers represent clients in enforcing court orders related to divorce settlements, including spousal support, child support, and custody arrangements. They take legal action against non-compliance and seek remedies to ensure their clients’ rights are upheld.
8. Modification of Orders: Divorce Lawyers assist clients in seeking modifications to divorce decrees or court orders when circumstances change significantly, such as changes in income, employment status, or living arrangements. They petition the court for modifications to custody, support, or visitation arrangements as necessary.
9. Protection of Rights and Interests: Throughout the divorce process, Divorce Lawyers advocate for their clients’ rights and interests, providing legal advice, negotiating on their behalf, and representing them in court proceedings. They strive to achieve favorable outcomes while minimizing conflict and emotional stress.

Above all, the scope of practice for a Divorce Lawyer revolves around guiding clients through the legal complexities of divorce, protecting their rights, and advocating for fair and equitable resolutions to marital dissolution matters.

Key Differences Between Divorce and Family Law Lawyers

While both types of lawyers specialize in family law, they handle different aspects of it. Divorce lawyers focus primarily on the dissolution of marriage and the legalities surrounding it. They have extensive knowledge and experience in divorce proceedings, including the division of assets, spousal support, and child custody arrangements.

On the other hand, family law lawyers have a broader scope of practice. They handle a wide range of family-related legal matters, including divorce, child custody, adoption, paternity, and domestic violence cases. Family law lawyers provide legal representation and guidance in all aspects of family law, not just divorce. They help clients navigate through complex legal issues and ensure their rights and interests are protected.

While both a divorce lawyer and a family law lawyer deal with legal matters related to families, there are differences between the two. A divorce lawyer specializes in handling cases specifically related to divorce and separation, while a family law lawyer has a broader scope of practice that includes divorce as well as other family-related legal issues.

When seeking legal guidance in these matters you should understand the differences between the two in relation to your specific situation.