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If you are considering a divorce, you may be wondering: exactly what is the difference between a divorce lawyer and a family law attorney? A divorce lawyer is a family lawyer whose practice includes divorce among other things. Divorce law is considered a subset of family law; therefore, a family law attorney can represent a client in a divorce and also handle a broader range of legal issues in family law.
Before we answer the question of choosing a family lawyer vs. divorce lawyer, let’s first discern the difference between the terms “lawyer” and “attorney.” The terms are used interchangeably, although there is a subtle distinction. A lawyer is a person who practices and studies law, someone who is educated and trained in the law. A lawyer can advise and provide counsel on legal matters. An attorney is not only trained and educated in law, but also is licensed to practice law and represent clients in court. In other words, all attorneys are lawyers, but all lawyers may not be attorneys.
So to resolve the dilemma of choosing a family lawyer vs divorce lawyer, it’s important to note that either type of lawyer can provide counsel or mediation, but an attorney is necessary for cases that would proceed to court.
The more pertinent distinction, then, is this: What is the difference between a divorce lawyer and a family law attorney? What does a divorce lawyer do? What does a family law attorney do?
The term divorce refers to the legal dissolution of a marriage; it is a subset of family law. You might think of it as one item on the menu of family law services. Distinguishing between family law vs divorce law is therefore a somewhat inaccurate way of describing the specialties. The practice of family law in New Jersey includes the practice of divorce law, but it also addresses a broad range of legal issues.
What does family law cover? The other areas of family law include:
– Prenuptial agreements
– Guardianship
– Adoption
– Child custody and visitation
– Child and spousal support
– Paternity
– Legal separations
– Marital property division
– Cohabitation
– Domestic violence
– Mediation
Specialization exists in the legal profession just like it does in the medical field. An attorney who is experienced and specializes in one or more areas of family law can handle your case with the expertise that you deserve.
So to settle the debate of family lawyer vs divorce lawyer, it’s not really an “either, or” situation. Clients seeking a divorce are wise to seek the counsel of a family law attorney who specializes in divorce matters. In fact, choosing a divorce lawyer may be the most important decision you make.
The goal for all involved in a divorce is not just to end the marriage, but to make sure both parties will get what they need to move forward as individuals.
While New Jersey does not require individuals to hire a divorce lawyer, the stakes in a divorce are high enough that it is strongly recommended. Without the guidance of a family law attorney, people can misunderstand the divorce process and make mistakes they may long regret. Failure to obtain a qualified family law attorney can have a significant, negative impact on the divorce settlement.
Family lawyer vs Divorce lawyer: Why is specialization important?
In our evaluation of what is the difference between a divorce lawyer and a family law attorney, specialization and experience are the key. A family law attorney can offer holistic representation in divorce cases which also involve child custody, child support, spousal support, or any combination of those factors.
So you may be wondering, when should I get a divorce attorney? In a high-asset divorce, or a divorce that is likely to be contested, your best course of action would be to retain a certified matrimonial attorney, considered the gold standard for attorneys who handle divorce cases. Ideally, you should consider retaining a family law attorney who has been granted certification in matrimonial law by the Supreme Court of New Jersey, particularly if your divorce will involve child custody, alimony, or the division of sizable assets and/or debts.
At DeTorres and DeGeorge Family Law, our partners are among the 2% of lawyers in New Jersey that are certified in matrimonial law. Our team of attorneys pride themselves on settling 99% of the cases they take outside of court. If your case, however, cannot be settled through negotiation or alternative dispute resolution measures, you can be assured of exceptional representation by seasoned trial attorneys. Contact us today to schedule a consultation.
Frequently Asked Questions
Can any lawyer represent me in my divorce?
While possible, it is not recommended. What type of lawyer for my divorce is the best choice?
You should hire an attorney who specializes in family law, because they have the experience to understand the complexity of family law issues and direct their clients toward the best possible outcomes – both financial and emotional – for their family.
Can I represent myself in my divorce?
Again, it’s possible, but highly discouraged. A divorce lawyer can explain the consequences of your decisions as you work through the divorce process, and they will look out for your best interests and those of your family as you navigate the path toward a divorce settlement or final judgment.
What other factors should I consider when choosing between a divorce lawyer and a family law attorney?
With an understanding of what to expect from a divorce lawyer, and the difference between a divorce lawyer and a family law attorney, you should choose a family law attorney who has extensive knowledge of the divorce laws of your state. Other factors to consider include:
- Your perception of the attorney and support staff: Do you feel welcomed? Are they listening to your concerns? Are you hearing practical advice and feedback? Can you see your case moving forward in a way that makes you feel comfortable?
- Your budgetary concerns: Are you seeing a clear picture of your finances after your divorce reaches its conclusion?
- Your desired outcomes: Are you comfortable with the amount of time necessary for your divorce to reach its conclusion? Is your family law attorney presenting options that align with your hopes for your post-divorce life and family?
