Family Law and Domestic Relations
Family Law and Domestic Relations
This domain tests the formation and dissolution of marriages, division of property, support, custody, and the interstate statutes that decide which state's order controls.
Marriage and divorce
Marriage requires a license and solemnization, and a few states still recognize common-law marriage. Premarital agreements are governed by the Uniform Premarital Agreement Act in adopting states. Divorce grounds are no-fault in most states (irretrievable breakdown or incompatibility), with fault still available in some. A court needs domicile or residence of a party to exercise divorce jurisdiction.
Property and support
Nine states are community property states; the rest use equitable distribution, which is not a 50/50 presumption. Separate property (premarital, gifts, inheritance) stays separate unless commingled or transmuted. Spousal support may be temporary, rehabilitative, durational, or long-term, based on need and ability to pay. Child support follows guidelines using income-shares or percentage-of-income models, and modification requires a substantial change in circumstances.
Custody
Legal custody is decision-making authority; physical custody is residence. Courts apply best-interests-of-the-child factors and often require a parenting plan. The UCCJEA gives custody jurisdiction to the child's home state, while UIFSA governs support orders across state lines.
Worked example
Mother and child lived in State A for three years, then moved to State B six months ago. Mother files for custody in State B. Under the UCCJEA, State A remains the home state until the child has been present in State B for six months with a parent still in State A. At exactly six months, State B may qualify, but the analysis is close and the filing date controls.
Traps
- Assuming equitable distribution means equal division.
- Treating separate property as marital merely because it passed through a joint account.
- Filing custody where the child currently lives rather than where the home state is.
- Forgetting that the UCCJEA governs custody and UIFSA governs support.