Attorneys often use the term “family law” to describe their practice area. However, the term family law can sometimes be confusing or deceiving. Although it may seem like family law encompasses anything related to families, it actually is a somewhat narrow and specialized area of law.
What types of legal issues fall under the category “family law”?
The most commonly known areas of family law are divorce and child custody cases. However, family law is much more than just divorce and child custody. Most attorneys who practice family law are also skilled in handling a variety of cases, including:
- Legal Separation
- Dissolution of Same-Sex Marriages
- Post- Decree Disputes
- Contempt of Court Actions
- Adoption
- Restraining/Protection Orders
- Collaborative Law
- Child Support
- Mediation
Can family law attorneys draft wills or help me with my estate planning?
While some general practitioners will handle family law cases as well as wills, probate and estate planning, they really are two separate areas of law. Probate attorneys specialize in drafting wills and trusts, handling probate matters, and helping clients create estate plans. Usually these legal matters fall outside the realm of family law.
Can a family law attorney help me in a Dependency & Neglect or Juvenile Delinquency case?
Some family law attorneys have a broader practice area, but generally speaking dependency and neglect and juvenile delinquency matters fall outside the scope of family law. There is a completely separate statutory code for these types of cases than divorce and child custody cases. Therefore, you may desire to hire an attorney who is skilled in child advocacy to assist you in these types of matters.
If my family law cases involves real estate, tax issues, etc., do I need to hire multiple attorneys to address all of my concerns?
Most family law attorneys have education and training to spot issues related to many different areas of law. It is very common for real estate or tax questions to arise in the context of a divorce, and your family law attorney may be able to answer those questions for you. However, if a complex or unique issue arises that is outside the scope of your family law attorney’s expertise, your lawyer may decide that it is necessary to consult with an expert. For example, the division of military and/or railroad retirement is a complex area of law that some attorneys specialize in. If you have one of these issues in your case, your family law attorney may be wise to consult with outside counsel to ensure the division is handled correctly.
What if I’m still not sure whether I have a family law issue or not?
If you are still unsure about whether your legal issue falls under the category of family law or some other type of law, the best thing to do is research a few family law attorneys and give them a call to ask what practice areas they specialize in. Even if the attorney is not able to handle your case, they should be able to point you in the right direction of someone who can help. Are you living in Fort Collins and the surrounding areas? Don’t hesitate to contact our offices to schedule a consultation.
I didn’t know that most family lawyers are cross trained to spot issues related to different areas of law. It makes sense that you’d want to find a lawyer that can help you in multiple issues, I just didn’t think that it was so common. I also like the idea of lawyers pointing you in the right direction if they don’t know exactly what to do. Thanks for the insight!
Thanks for this helpful post on family law attorneys. I am glad you included some of the things that family law attorneys do. My brother is going through a divorce right now, so he might need to hire a lawyer. Thanks for the helpful information on what a family law lawyer does, it will come in handy while we search for an attorney for my brother.
Yeah, I thought family law was broader, so it was nice to see a specific list it does cover. I didn’t know that it covered restraining and protection orders, I see how that pertains to the family though. I also thought it was interesting that it brought up real estate and tax issues. I can see how it would be better to get an expert on that stuff, if it’s pretty complicated. Thanks for the info!
I hear all the time about family law and how people are looking for lawyers in it. Thanks for the advice about how Family Law deals with adoption, restraining orders, separation, and mediation. I’ll have to keep this in mind if I need a lawyer in any of these categories.
My brother is in a same-sex marriage. He and his husband are getting a divorce. I did not know what steps would be good for him. Since same-sex marriage is a new thing I did not know if there were lawyers who could help. I will have to tell him to get a family lawyer. They do have kids who are involved as well.
My friend is getting a divorce from his wife and they have a couple of children. You mentioned that the most commonly know areas of family law are divorce and child custody cases. It seems that hiring a family lawyer may be beneficial for them. I wonder what other services the local lawyers offer.
My friend is trying to get child support at the moment. The ex is being pretty stubborn about it. She’s having to look into a family lawyer to get things to work out. I read through your list of what family lawyers specialize in. I was happy to read they help with child support cases.