Family law encompasses some of the most emotional and complex matters, often involving evolving family relationships. These can change as spouses grow apart or children’s needs evolve. Agreements can sometimes be reached outside of court or through mediation, but if not, the courts may intervene. It’s crucial to understand the laws governing these situations.
**Divorce**
To file for divorce, a spouse must meet residency requirements in their state and county. They must also establish grounds for divorce. Most states offer no-fault divorce, which can be based on irreconcilable differences, indicating the marriage is beyond repair. Traditional fault divorces require proving the spouse’s fault, with common grounds including adultery, desertion, and cruelty. Some states allow judges to consider fault in divorce-related matters like property division.
A divorce can be contested or uncontested. Uncontested divorces occur when spouses agree on all major issues and submit their agreement to the judge for approval. Contested divorces arise when there’s disagreement on one or more issues, potentially requiring litigation. Contested divorces are often more prolonged and costly than uncontested ones.
**Property Division**
Dividing property in a divorce typically starts with identifying marital and separate property. Marital property, usually acquired during the marriage, is subject to division, excluding gifts and inheritances. Determining an asset’s character can be complex, especially when marital and separate properties are intertwined or if separate property’s value increased during the marriage. Appraisers and accountants may be needed for businesses or intangible assets like intellectual property. Pre-marital or post-marital agreements can dictate property division if valid.
The approach to dividing marital property varies by state. Some use a community property approach, often resulting in a 50/50 split of marital assets. This may involve selling an asset and splitting the proceeds or compensating one spouse with an asset of equal value when an asset cannot be divided evenly.
In the United States, family law varies by state, with some adopting an equitable distribution approach to asset division in divorce cases, ensuring fairness rather than equal division.
Child Custody is a critical issue when a couple with minor children decides to divorce. Custody is divided into two types: physical and legal. Physical custody pertains to the time a child spends with each parent, while legal custody concerns the authority to make significant decisions about the child’s upbringing, including medical care, education, and religious practices. Judges typically favor joint custody to maintain parental involvement but may award sole custody in cases of domestic violence or substance abuse. The primary consideration in custody matters is the child’s best interests, with judges considering a wide range of factors and allowing for modifications based on substantial changes in circumstances. Child Support is a parental obligation that generally continues until the child reaches adulthood, or even beyond in cases of special needs or high school continuation. Determining child support involves factors like parental income and custody arrangements, with most states providing guidelines but allowing judicial discretion in exceptional cases. Modifications to child support can be made if there’s a significant change in circumstances, such as increased medical needs or job loss of the paying parent, though voluntary unemployment does not exempt one from support obligations. Adoption is a legal process that establishes parental rights and responsibilities for a non-biological child, sometimes involving the termination of biological parents’ rights. It often occurs in the context of stepparent adoption, with some states offering a simplified process for these cases.Foster parents may sometimes choose to adopt foster children with whom they have developed a bond.
If you are not adopting a stepchild or a foster child, you will need to decide whether to pursue an independent adoption or an agency adoption. Some people opt to adopt children from other parts of the world, although this tends to be more expensive and complicated. If you have specific traits or characteristics in mind for the child you want to adopt, you may face a longer wait. Adoptive parents who are more flexible with their preferences may be able to adopt a child sooner. Last reviewed October 2024
