When you and your spouse decide to divorce, it can be hard to figure out who gets what. You may have heard about "contract law" and "divorce law," but what do these terms mean?
Definition Of Contract Law
Contract law is a civil law branch that deals with forming, enforcing, and interpreting contracts. A contract is an agreement between two or more parties that creates legal obligations. If one party breaches the contract, the other party can sue for damages. Example: You sign a contract with a contractor to remodel your kitchen. The contractor agrees to start work on the remodel next week. But then the contractor backs out of the deal, and you sue him for breach of contract.
Definition Of Divorce Law
Divorce law, on the other hand, is a family law branch that deals with marriage dissolution. In a divorce, the court will divide the couple's assets and debts and make decisions about child custody and support. This means that if you and your spouse can't decide how to divide your property, the court will decide for you. For example, you and your spouse own a house. In the divorce, the court may order that the house be sold, and the proceeds are divided between you and your spouse.
Is Divorce Under A Contract Law?
No, divorce is not considered to be under contract law. This is because divorce is the dissolution of a marriage, which is not an agreement between two parties. However, some aspects of a divorce, such as property division, may be governed by contract law.
The Differences And Similarities Between Contract Law And Divorce Law
Similarities
There are some similarities between contract law and divorce law. Here are a few:
- Both contract law and divorce law deal with the formation and enforcement of agreements.
- Both contract law and divorce law can involve complex legal issues.
- Contract and divorce laws can be frustrating and emotional for the parties involved.
Differences
There are also some important differences between contract law and divorce law. Here are a few:
- Contract law is concerned with the formation and enforcement of contracts, while divorce law is concerned with the dissolution of marriages.
- Contract law is governed by state law, while divorce law is governed by federal law.
- Contract law deals with agreements between two or more parties, while divorce law deals with the relationship between the husband and wife. In contract law, the parties can sue for damages if one party breaches the contract. In divorce law, the court can order one spouse to pay alimony or child support to the other spouse.
- Contract law is typically less emotional than divorce law. When it comes to your marriage, you will need to think about both contract law and divorce law.
If you have any questions about your rights or obligations, you should speak to an experienced Irvine family law attorney specializing in divorce.
How Contract Law Can Help You During A Divorce In Irvine
Contract law can be helpful in a few ways if you are going through a divorce in Irvine.
- If you and your spouse have any joint property, contract law can help you determine who gets what.
- Contract law can help determine child custody and support arrangements if you have children.
- If your spouse owes you any money, contract law can help you collect those debts.
- If you have pets, contract law can help determine who gets to keep them.
What To Do When Contract Law And Divorce Intersect In Irvine
If you are going through a divorce in Irvine, it is important to have an experienced divorce attorney on your side. An attorney can help you navigate the complex legal issues involved in both contract law and divorce law.
An attorney can also help you protect your rights and interests and ensure that you receive a fair outcome in your divorce. It is not advisable to handle a divorce independently, as the law is complex and high stakes.
If you are considering a divorce in Irvine or have already started the divorce process, contact Quinn & Dworakowski, LLP - Family Law Attorneys today to schedule a consultation.
How To Find The Right Irvine Divorce Attorney For You
When going through a divorce in Irvine, finding an experienced attorney who can help you understand the complex legal issues involved is essential. Here are some tips on how to find the right attorney for your needs:
- What size law firm do you want to work with? Do you want a big firm with many attorneys and a smaller firm where you will receive more personal attention?
- How much experience does the divorce lawyer have? It would help if you asked about their background and how long they have been handling divorce cases in Irvine.
- What kind of price range are you looking at? Some firms charge by the hour, while others may offer fixed fees for certain services.
- What is the firm’s success rate in divorce cases? While no lawyer can guarantee a successful outcome, you should ask about their track record in similar circumstances.
- Make sure you know what pricing structure each potential lawyer offers before making your final decision.
- What is the lawyer’s divorce philosophy? You should make sure that their philosophy aligns with your own. For example, if you are looking for a quick and amicable divorce, you should find a lawyer specializing in collaborative law or mediation.
- You should ensure that you are on the same page with your lawyer regarding your divorce. For example, some lawyers believe in collaborative divorce, while others may be more aggressive in court. Be sure to ask about their specific approach to ensure you are comfortable with it.
When going through a divorce, you want to ensure that you are represented by an experienced Irvine divorce attorney. The right lawyer will understand the complex legal issues involved in contract and divorce law and will fight to protect your rights and interests.
Contact A Reputable Family Law Attorney In Irvine Today
If you are considering a divorce in Irvine or have already started the divorce process, contact Quinn & Dworakowski, LLP - Family Law Attorneys today to schedule a consultation. They are dedicated to resolving your case with our formidable resources. They will listen to your story, understand your goals, and help you navigate the divorce process. They will also fight to protect your rights and interests and ensure that you receive a fair outcome in your divorce. Quinn & Dworakowski LLP is a premier family law firm in Orange County. Contact them today.
