25 FAQs About Family Law: Marriage, Divorce, and Custody

Marriage

What is a prenuptial agreement, and do I need one?

A prenuptial agreement is a document that specifies how assets and debts will be divided in the event of a divorce. It’s a good idea if you have significant assets, debts, or prior obligations.

Can I get married without a marriage license?

Most jurisdictions require a marriage license for a legal marriage. Common-law marriages are an exception, but only in some states.

What is a common-law marriage?

A marriage recognized under the law without a ceremony or license, valid in some states depending on the situation.

Also read:

What is an annulment, and how does it differ from a divorce?

An annulment nullifies a marriage as though it had never occurred. Divorce, by contrast, dissolves a legitimate marriage.

How are marital debts treated?

In community property states, marital debts are divided equitably. In equitable distribution states, they’re divided fairly.

Divorce

What are grounds for divorce?

Grounds can vary by state, but frequently include irreconcilable differences-no-fault-and fault-based causes such as adultery or cruelty.

What is a contested versus uncontested divorce?

In an uncontested divorce, the parties stipulate to a settlement. Contested divorce often requires court involvement because of the disputes.

How long does a divorce take?

It varies by jurisdiction and complexity but generally ranges from a few months to over a year.

What is spousal support (alimony)?

Payments from one spouse to another post-divorce, based on factors like income disparity, marriage length, and financial need.

How is property divided in a divorce?

States follow either community property (equal split) or equitable distribution (fair split based on circumstances).

Child Custody

What is the difference between legal and physical custody?

Legal custody means the right to make decisions on behalf of the child, while physical custody is where the child lives.

What determines child custody?

Courts consider the best interest of the child, which may include factors such as parental stability, the child’s relationship with each parent, and their needs.

What is joint custody?

An arrangement in which both parents share decision-making (joint legal) or time with the child (joint physical custody).

What is sole custody?

One parent has the right to make decisions, or care for the child (legal and physical custody).

Can custody orders be modified?

Yes, if there is a substantial change in circumstances that affects the child’s best interest.

Child Support

How is child support determined?

Under state guidelines, based on the income of both parents, the type of custody arrangement, and the needs of the child.

What happens if a parent doesn’t pay child support?

Enforcement measures include wage garnishment, tax refund interception, or legal action.

Can child support be changed?

Yes, if there is a significant change in financial situation or the child’s needs.

Who pays for the child’s medical expenses?

Costs are usually shared, and specific responsibilities are defined in the child support or custody agreement.

How long does child support last?

Until the child turns 18 or graduates from high school, unless extended for college expenses or disability needs.

Miscellaneous Family Law Issues

What is domestic violence, and how can I get protection?

Domestic violence means abuse or threats within a family or household. File for a restraining order or protection order to keep safe.

Can grandparents get visitation rights?

Yes, under limited circumstances where it’s in the child’s best interest and won’t interfere with the rights of the parents.

What is adoption, and how does the process work?

Adoption legally transfers parental rights to another individual or couple, requiring court approval and often a home study.

What is guardianship, and how is it different from custody?

Guardianship grants legal responsibility for a child or incapacitated adult, while custody focuses on parental care and rights.

What is mediation in family law cases?

Mediation is a process by which a neutral third party assists in the resolution of disputes outside of court, often used in divorce and custody cases.

These FAQs provide a foundation for understanding family law issues.