Family Law
Family Law tests marriage, divorce, property division, spousal support, child custody and support, adoption, and parentage. Jurisdiction and the best interests of the child drive many answers.
Core rules
- Marriage: license and solemnization; common-law marriage only where recognized; putative spouse doctrine protects good-faith belief.
- Divorce: no-fault or fault grounds; jurisdiction requires domicile; foreign divorces need valid jurisdiction.
- Property division: classify marital versus separate property; equitable distribution is not necessarily equal.
- Spousal support: need, standard of living, duration, and ability to pay; modification requires a substantial change.
- Child custody: best interests of the child; legal versus physical custody; joint custody; UCCJEA home-state jurisdiction.
- Child support: income-shares guidelines; deviation factors; modification.
- Adoption: parental consent or termination; best interests; ICWA in applicable cases.
Worked example
Spouse owns a house titled in her name before marriage; marital funds pay down the mortgage. In an equitable-distribution state, the house remains separate property, but the marital estate may receive reimbursement for the principal reduction. A premarital agreement is enforceable if voluntarily executed and unconscionability is absent. Custody is decided by best interests, not gender.
Traps
Separate property can become marital by commingling or title transfer. A custody order needs UCCJEA subject-matter jurisdiction. Support modification requires a substantial change in circumstances. Premarital agreements need voluntariness and disclosure.