Family Law Divorce vs. Regular Divorce: What’s the Difference?
Have you ever heard the terms “family law divorce” and “regular divorce” and wondered if they refer to different processes? It’s a common question, and the answer might be simpler than you think.
How does family law divorce differ from a regular divorce process?
In essence, all legal divorces are handled under the umbrella of family law. The dissolution of a marriage, by its very nature, often involves familial considerations. According to the source “Divorce Statistics and Facts | What Affects Divorce Rates in the U.S.?”, legal professionals specializing in this area often refer to “Divorce and Family Law Issues” together. This implies that divorce is a core component of family law.
Family law is the area of law that deals with domestic relations and family matters. When a married couple decides to divorce, the legal process they undergo is governed by the family law statutes of their jurisdiction. This process addresses not only the termination of the marital status but also crucial related issues, especially when a family is involved.
Key aspects often covered in a “family law divorce” (which is essentially every divorce of a married couple) include:
- Division of Marital Property: How assets and debts accumulated during the marriage are divided between the spouses.
- Child Custody and Visitation: Determining legal and physical custody of any children involved, as well as establishing visitation schedules.
- Child Support: Establishing financial support for the children. The source notes that 90% of divorced mothers have custody of their children, and over 79 percent of custodial mothers receive a child support award. However, 65% of divorced mothers receive no child support.
- Spousal Support (Alimony): Determining if one spouse will provide financial support to the other after the divorce.
The term “regular divorce” might be used informally, perhaps to distinguish a divorce from other family law matters like adoption or domestic violence cases. However, from a legal standpoint, the process of divorcing a legally recognized marriage falls within the domain of family law. The source explicitly mentions “The Smart Choice for Divorce and Family Law Issues“, further cementing the idea that divorce is a key aspect of family law.
The statistics from the sources highlight various aspects of divorce, such as rates, reasons, and demographics. For example, in 2021, the divorce rate in the U.S. was 2.5 per 1,000 population. The average age for couples going through their first divorce is 30 years old, and wives file for divorce most often, at 66 percent on average. Lack of commitment is cited as the most common reason for divorcing couples. These diverse factors involved in marital dissolution are all typically navigated through the framework of family law.
Therefore, if you are going through a divorce, you are engaging in a family law process. The term “family law divorce” isn’t a separate category but rather a precise way to describe the legal proceedings involved in ending a marriage, particularly when it involves the intricacies of family relationships and shared resources. As the source indicates, in 95 percent of divorce cases, the parties and their family law attorneys are able to settle issues amicably or in mediation.
Contacting a family law attorney, like the reputable San Diego family law attorneys mentioned in the source, is the appropriate step to understand the specific procedures and your rights during a divorce. They can assist with various practice areas under family law, including divorce, child custody, child support, and division of marital property.
