Family Law
Marriage and Divorce
Marriage requires capacity, consent, and compliance with formalities. Common-law marriage requires cohabitation and holding out. Divorce grounds include fault and no-fault. Jurisdiction over divorce requires domicile; jurisdiction over property and support requires minimum contacts.
Property Division and Support
Equitable distribution divides marital property; separate property is retained. Community property states divide community property equally. Spousal support may be rehabilitative, permanent, or lump sum. Child support follows guidelines based on income and custody.
Custody
Custody determinations use the best interests of the child standard, considering stability, parental fitness, and the child's preferences. Joint custody is common. Modification requires a substantial change in circumstances.
Adoption and Parentage
Adoption requires consent of biological parents or termination of parental rights. Parentage may be established by presumption, acknowledgment, or DNA testing.
Traps
Questions test whether property is marital or separate (commingling can convert), whether a prenuptial agreement is enforceable (full disclosure, voluntariness, no unconscionability), and whether a custody modification meets the substantial change standard.
Rule of thumb
For property division, classify first: marital or separate? For custody, apply best interests.