Family Law
Marriage, divorce, and property
Family law governs marriage (capacity, consent, formalities), divorce (fault or no-fault grounds), property division (community property vs. equitable distribution), spousal support, and child-related matters. Prenuptial agreements are enforceable if procedurally fair and fully disclosed. Marital property is generally acquired during the marriage; separate property is brought in or received by gift or inheritance.
Children
Courts decide custody (legal and physical) using the best interests of the child standard, considering stability, caregiver relationship, and the child's wishes where appropriate. Child support follows statutory guidelines based on income and parenting time. Adoption requires consent and court approval. Guardianship may be appointed where parents cannot act.
Traps
- Assuming a 50/50 split always applies; equitable distribution may be unequal.
- Confusing legal custody (decision-making) with physical custody (residence).
- Treating a prenuptial agreement as automatically enforceable regardless of disclosure.
- Missing that best interests governs, not parental preference.
- Forgetting jurisdictional rules in cross-border custody disputes.
Rule of thumb
For any family question, identify the legal relationship first (spouse, parent, guardian), then the applicable standard (best interests, equitable distribution), then the remedy.
Worked example
A couple divorces after ten years; one spouse owns a house inherited during the marriage. The inherited house is typically separate property, while savings accrued from salaries during the marriage are marital and subject to equitable distribution.