Contemplating divorce can be an
incredibly stressful event. Whether you and your spouse have irreconcilable
differences, or you simply do not love each other, the prospect can be made
even more traumatic when children get caught in the middle. Hiring an attorney
is often the first step to protecting yourself, but you may be confused as to
whether you need a divorce or family law attorney. Here is a brief dissection
of the two branches.
Divorce
Typically a divorce lawyer does not get
involved with custody battles in court, but merely handles the safe separation
of a married couple. In every state in the U.S., the divorce process starts
when the couple files a divorce complaint or petition that states your ‘grounds
for divorce.’ However, since 2010, states have adopted no-fault divorce
grounds, meaning that the two parties just agree the marriage is over, without
the traumatic and stressful legal battle.
Many states however, may require a
separation period to allow both parties to take some time to think about the
decision before either reconciling, or making the divorce final. This time
period varies from state to state.
The most common ‘grounds for divorce’
include adultery, abandonment, or cruelty, and must be proven with convincing
evidence. The grounds of your divorce might affect alimony and property
decisions in the court.
Family Law
Family lawyers on the other hand
specialize in dealing with what happens to children when the parents separate.
This typically falls into custody and visitation agreements, as well as
granting guardianship of a child to a third party when neither parent is seen
fit in the eyes of the court to care for the child.
With this information you will be able
to move confidently forward with your decision to separate from your husband or
wife, or whether it will be in the best interest of both you, as well as your
children to reconcile your differences. For more information, click here!
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