If you want to find the best law firms near you in Florida because you need to address legal issues, your internet search will show you numerous terms related to this matter. For instance, family law attorneys and civil law attorneys will often appear in your search results.
At first glance, there is not much difference between the two terms, since family law is part of civil law. However, choosing a lawyer who is the wrong fit for you will delay resolution and cost a lot of money.
Therefore, knowing the differences between those two types of attorneys is extremely important for you to make the right decision. Read more below.
What is a Civil Law Attorney?
Civil law governs all types of private non-criminal disputes between individuals or firms. In situations involving alleged harm or a breach of contract resulting in financial loss, civil courts assist.
Civil law attorneys deal with many kinds of legal disputes, in which their primary aim is either to obtain compensation or to enforce a contract. The key in most civil disputes is securing financial restitution for the wronged individual.
Cases Dealt with by Civil Law Attorneys
Contract disputes involving an individual who does not honor their part of a written contract or verbal agreement.
- Disputes over personal injuries: Car accidents and medical malpractice.
- Disputes related to properties: disputes between the landlord and tenant, or any other property-related conflict.
- Cases involving business law: Disputes over ownership or a partnership agreement.
These lawyers deal extensively with financial records and proving liability to obtain compensation from the opposing party.
What is a Family Law Attorney?
Although family law belongs to the civil court system, the practice of family law demands special qualities. Family law addresses only domestic issues: interactions within the family unit and the protection of the child.
A family law attorney assists you through the most emotional and difficult period of your life. The aim of family law does not only concern financial aspects. Rather, it focuses on the safety of people, further interaction of parents, and comfortable living arrangements for all parties.
Common Issues Solved by Family Law Attorneys
- Divorce: Uncontested and contested divorce proceedings
- Custody and Timesharing of Children: Drafting legally binding agreements for the protection of parental rights
- Support of Children: Determining the appropriate support payments according to Florida statutes.
- Alimony: Alimony calculations are required under existing Florida law.
- Paternity: Paternity establishment to get visitation or support for the child.
- Modification: Modification of custody or support after a change in life conditions occurred
- Prenups and postnups: Legal protection of one’s property before or during marriage.
A family law attorney must be aggressive in advocacy, yet compassionate and communicative.
Key Differences Between Family Law and General Civil Law in Florida
The proper legal guide should be selected based on how these fields differ in Florida courts.
- Different Court Rules and Procedures
The Florida Rules of Civil Procedure govern civil litigation in Florida. This regulates discovery, trial, and the introduction of evidence in disputes involving businesses or property.
The Florida family law rules of procedure govern family court cases. This includes mandatory disclosure and additional requirements for filing documents related to the parenting plan. A lawyer experienced in civil litigation may lack knowledge of the strict time frames for filing documents required in Florida family courts.
- Standards of Law Applied by Courts
Usually, in civil suits, the court looks into contracts or determines negligence. The judge or a jury determines fault parties and compensates for losses.
In case of family disputes, fault issues play a secondary role. In fact, Florida family court decisions largely depend on various standards, such as the “best interest of the child” standard. It includes consideration of the personal relationship between parties, home environment, schooling, and willingness to co-parent.
- One-Time Dispositions vs. Continuous Relations
In most general civil cases, the settlement process involves just one payment and a judgment. As soon as either is fulfilled, the parties no longer communicate with each other.
The thing is, in family cases, especially if there are children, after a divorce agreement and a custody order are in place, the former couple will continue their relationship forever. Thus, the goal of family lawyers is to develop such schemes that minimize conflicts and enable peaceful coexistence between divorced parents in the coming years.
- Pre-Mediation Requirements
In almost all Florida family courts, a mediation process takes place before a case proceeds to trial. In contrast to civil mediations, the latter requires special knowledge of family relations, children’s development, and equal sharing of property.
Scenarios: Which Attorney Do You Need?
If you remain unsure which type of professional to approach in a given situation, consider using these examples from different experiences.
1. Your Marriage is Coming to an End
Professional To Approach: Family lawyer.
Regardless of whether you and your spouse share the same opinion about the issue, even if you reach complete agreement regarding everything related to the divorce, you will still require assistance from a lawyer specializing in family law.
2. You Suffered Injury in an Auto Accident
Professional To Approach: Civil law attorney (personal injury).
In case somebody else’s fault caused you to incur medical expenses as well as loss of income because of the auto collision, you need a civil litigator experienced in the personal injury field.
3. Unable to Access Your Child Because the Other Parent is Denying Visitation Rights
Professional To Approach: Family lawyer.
You need to hire a family lawyer to file an enforcement motion in family court.
4. The Contractor Took Your Money and Never Finished the Job
Professional To Approach: Civil law attorney.
The issue is one of breach of contract. A civil law attorney can assist you in suing the contractor to either recover your money or have the work completed.
5. Rights Must Be Set Up for Your Child
Professional To Approach: Family lawyer.
If the child’s father is unmarried in Florida, then he must establish paternity first before enforcing any visitation rights or child support payments.
What Happens When Civil Law and Family Law Overlap?
Sometimes a legal issue crosses the boundary between family law and general civil law. This frequently occurs in high-net-worth divorces or in cases where there are mutual investments in business ventures.
Take the case of a scenario where you and your spouse jointly own a business. Divorce involves valuations and the division of business shares. You will thus need an attorney who is conversant with all aspects of the financial analysis, business organizations, and family laws.
Similarly, if a member of your family physically assaults you during a family fight or causes damage to the property, you will have a lot of issues that overlap.
Why Hiring the Right Specialist Matters
Whenever one searches for “Law firms near me,” there is a temptation to go for generalists who promise they can do “all sorts of things.” Although the services rendered by the generalist will involve all basic paperwork, the following reasons show why specialization beats generalization.
Florida family law continues to be updated, especially regarding alimony, custody agreements, and financial disclosure forms. Family law attorneys have to handle such cases every day.
Employing a professional in family law issues is the right move, and going for a lawyer who is not specialized may result in the following;
- Badly drafted parental plans resulting in co-parenting conflict
- Overlook of financial assets that leads to unfair division of marital properties.
- Faulty child support determination leads to back pay problems.
- Extra, unnecessary court hearings thus raise legal fees.
Choosing an experienced lawyer can help you achieve your goals more easily.
What to Consider When Choosing a Law Firm
Upon deciding what kind of lawyer you will require, it is essential to assess each legal firm on these important criteria thoroughly:
- Effective Communication: The lawyer must explain all the legal possibilities to you in clear, understandable terms, without unnecessary legalese.
- Experience in Local Courts: Seek out lawyers who operate daily in your particular local court in Florida.
- Transparent Fees: Learn in advance about retainer fees, hourly fees, and any other pricing.
- Compassionate Help: This is someone who will take your objectives into account and treat your individual needs with respect.
Choose Coleman Law Group with Confidence
Lawsuits may interfere with your personal or professional life and cause significant distress and uncertainty about the future. In case of any legal issues, whether family or civil, taking appropriate measures at the earliest will be the most effective way to protect your interests.
Our experienced lawyers of Coleman Law Group are ready to assist you with navigating the legal process in Florida. We make sure to address all your concerns and provide you with a comprehensive but clear strategy.
Do not hesitate to contact Coleman Law Group at 727-214-0400 or aheartforpeople@clgfl.com to book a consultation today.
