The work of a divorce lawyer is itself a subset of family law. However, many proceedings end up being separated into two or more cases because of the stickiness of the issues involved. Let's look at when that might happen and why.

Contentious Cases Involving Kids

All matters under divorce law are considered lawsuits, but some are more contentious than others. Especially when there are kids in the picture, the court is likely to put the divorce on one docket and child support and custody issues on another.

Foremost, this is done to ensure the judge and the court officers presiding over the case come at both sets of problems without bias. Just because two people are fighting brutally over a divorce doesn't necessarily mean they'll be bad parents. It's important to have two dockets so the court doesn't view the child custody and support questions through the lens of whatever might be going on in the divorce.

Notably, the family law issues can reflect poorly or with bias on the divorce proceedings, too. A judge shouldn't be thinking about the financial elements of a child support case when they turn to the division of assets in the divorce, for example. Putting a buffer between the issues allows everyone to get some distance before they address each of them separately.

Complex Cases

Another argument a family lawyer may make is that it will be simpler to take a complex case and break it into pieces. This applies even if both ex-partners are trying to settle things amicably. Numerous issues can add complexity to a divorce. And yes, having kids involved tends to add most of the complexities.

For example, a divorce and custody case can be complicated if one parent wants to move out of state. That's a tough issue to tackle because the court will have questions about how much access the other parent will have to the child. It may be better to get the simpler part, the divorce, done quickly, and deal with the custody problems at a slower pace.

When It's Fine to Have One Case

Generally, simple cases where both sides can play nicely with each other are the best candidates. In the ideal scenario, each side has retained the services of a separate divorce lawyer. The two attorneys come up with a set of agreements that handle divorce, assets, spousal and child support, and custody. Both parents sign and the paperwork goes to a judge for approval.

For more tips, reach out to a family or divorce lawyer near you.