Marriage and Domestic Partnerships
Should I get a prenuptial agreement or not, if I do not have important assets?
Not in most situations, but it will generally protect future earned money and make financial matters when getting divorced less complex.
What becomes of pre-marriage property when getting a divorce?
In most cases, it stays with the owner unless it has been commingled with marital property.
May I retain my last name upon marriage?
Yes. A change of name is optional, and not statutorily required.
Also read:
- https://prolegalinsights.com/40-essential-family-law-questions-every-parent-should-know/
- https://prolegalinsights.com/20-family-law-questions-and-their-practical-solutions/
- https://prolegalinsights.com/25-faqs-about-family-law-marriage-divorce-and-custody/
Can I get a divorce if my spouse refuses to agree?
Yes, you can file for a contested divorce where the court decides the terms if your spouse does not cooperate.
What happens to pets in a divorce?
Pets are often treated as property, but some states consider the pet’s well-being when deciding custody.
Divorce and Separation
How do I file for a divorce?
File a petition for divorce in the family court of your jurisdiction and serve the papers to your spouse.
Can I get divorced without hiring a lawyer?
Yes, in an uncontested divorce, but hiring a lawyer ensures that your rights are protected, especially in complex cases.
What if my spouse hides assets during divorce proceedings?
You can request financial disclosures and, if necessary, hire a forensic accountant to uncover hidden assets.
Can we live together while getting a divorce?
Yes, but it can make the issues of custody and property complicated if disputes arise.
Do we have to go to court to get a divorce?
No. Issues can be mediated or solved in a collaborative divorce without the court.
Child Custody
Can a parent take the child out of state?
Typically no, unless there is a court order or the other parent consents, especially if it changes the custodial or visitation rights.
What is supervised visitation?
Court-ordered visitation where a third party monitors the interaction between the child and the parent.
Can a child choose to live with which parent?
The preference of a child is sometimes considered by the courts in certain states, normally if the child is 12 years or older, but that is not decisive.
What is the consequence when a parent breaks a custody order?
The consequences can be imprisonment, fines, or even the alteration of the original custody.
Can custody agreements be informal?
Informal agreements may suffice for a short period, but legal orders are enforceable and clear.
Child Support
Can child support be paid directly to the child?
No, child support payments must be made to the custodial parent or guardian to ensure the child’s needs are met.
What if I cannot afford child support payments?
Request a modification from the court, providing evidence of your financial hardship.
Can child support include extracurricular activities?
Yes, courts can count extracurriculars if they are determined to be in the best interest of the child.
Does child support end if my ex remarries?
No, remarriage doesn’t affect child support obligations because it is based on the child’s needs and the paying parent’s income.
Can I stop child support if I lose visitation rights?
No, child support and visitation are separate legal matters, and non-payment can lead to penalties.
Domestic Violence and Protection Orders
How do I get a restraining order?
File a petition in family court with evidence of abuse, harassment, or threats.
Can I get custody if my ex is abusive?
The courts will protect the child, and in many cases, grant sole custody to the non-abusive parent.
Can restraining orders include children?
Yes, children can be included under protective orders if their safety is at risk.
What happens if the abuser violates the restraining order?
Violating a restraining order can lead to arrest, fines, or jail time.
Can an abusive spouse evict me from my home?
No, courts can issue orders to remove the abuser and grant you temporary residence.
Adoption and Guardianship
Can a stepparent adopt a child?
Yes, with the consent of the non-custodial parent or after their parental rights are terminated.
What is the difference between adoption and guardianship?
Adoption permanently transfers full parental rights, whereas guardianship is a temporary legal arrangement.
How long does the adoption process take?
It varies but generally takes several months to over a year, depending on the type of adoption.
Can biological parents regain custody after adoption?
No, once finalized, adoption is permanent, and biological parents’ rights are terminated.
Do guardians need court approval for major decisions?
Yes, there are instances in which decisions regarding relocation or other major financial decisions require court authorization.
The above real-life questions and answers are very helpful for families who encounter such complicated circumstances.