NALA ACP - Family Law cheat sheet

A paralegal may not give legal advice, set fees, or accept a case; those acts constitute unauthorized practice of law (UPL) in every U.S. jurisdiction.

The supervising attorney remains responsible for the paralegal's work product; delegation must be purposeful, and the attorney must review and adopt the work.

Confidentiality under ABA Model Rule 1.6 extends to all client information and survives termination of the representation; it does not end when the file closes.

Conflict screening must cover current clients, former clients (Rule 1.9), and prospective clients (Rule 1.18); imputed disqualification under Rule 1.10 applies to the firm.

A paralegal's conflict is imputed to the firm; screening may cure it in some jurisdictions but is not universally accepted for nonlawyer employees.

Communication with a represented party is barred under Rule 4.2; a paralegal may not contact the opposing party directly, even with client encouragement.

Fee agreements in family matters must be in writing where required, and contingent fees are prohibited in divorce and support matters (Model Rule 1.5(d)(1)).

Trust account rules (Model Rule 1.15) require client funds to be held separately, with earned fees withdrawn only after notice; commingling is a sanctionable violation.

Under Model Rule 5.3, a lawyer must make reasonable efforts to ensure a nonlawyer's conduct is compatible with the lawyer's professional obligations.

Intake must capture: parties and dates of birth, date and place of marriage, separation date, residence history, children (names, DOB, current residence), income sources, assets, debts, and existing court orders.

Residence and domicile dates drive jurisdiction; record the exact date the client moved to the state and every subsequent address, because the filing deadline is computed from them.

Conflict check runs before substantive intake; collect full legal names and any aliases of the adverse party and all prior attorneys.

Safety screening: ask directly about domestic violence, protective orders, firearms, and child abduction risk; document the answers in the client's own words.

Fee structure, retainer, scope, and billing rate are confirmed in writing at intake; the engagement letter should state what the paralegal may and may not do.

Initial assessment should identify the legal theory (grounds, custody standard, support formula), the evidence needed, and any emergency relief (temporary orders, protective order, restraining order).

Deadlines and statutes of limitation are calendared at intake: answer deadlines, support modification effective dates, appeal windows, and any existing hearing dates.

Document the client's goals and priorities (custody, home, business, retirement) so that negotiation strategy and settlement authority can be set early.

Preserve evidence at intake: texts, emails, bank records, photos, and social media; issue a litigation hold and advise against deleting or altering records.

Subject-matter jurisdiction over divorce requires domicile of at least one spouse in the state; most states impose a minimum residency period (commonly 6 weeks to 1 year) before filing.

Full faith and credit (Art. IV, §1) requires states to recognize another state's divorce decree, but a decree granted without personal jurisdiction over a spouse is not binding on that spouse for property or support.

In rem jurisdiction over marital status permits divorce; in personam jurisdiction is needed to bind a nonresident spouse to support or property division, and must satisfy due process (minimum contacts).

Grounds are either fault-based (adultery, cruelty, desertion, habitual drunkenness) or no-fault (irretrievable breakdown, irreconcilable differences, living separate and apart for a statutory period).

Most states bar a divorce where one spouse lacks capacity to consent to marriage, where the marriage is void (bigamy, consanguinity), or where it is voidable (fraud, duress, minority, impotence).

Venue lies in the county where the petitioner resides or where the cause of action arose, depending on statute; improper venue is waived if not raised timely.

Service of process must comply with statute and due process; a nonresident respondent may be served under the long-arm statute if the claim arises from the marital relationship.

A divorce decree divides marital property and dissolves the marriage; separate maintenance (legal separation) does not terminate the marriage or permit remarriage.

Common-law marriage is recognized in a minority of states and requires capacity, present agreement to be married, and cohabitation plus reputation in most formulations.

Equitable distribution is not equal division: courts weigh statutory factors such as length of marriage, age, health, earning capacity, contribution, and waste or dissipation.

Community property states (nine states) presumptively divide marital property equally; separate property is confirmed to the owning spouse unless commingled or transmuted.

Marital property generally includes earnings and property acquired during the marriage; separate property is premarital property, gifts, inheritance, and property acquired after separation in some states.

Commingling of separate funds in a joint account can create a presumption of marital property; tracing with clear documentation is the rebuttal technique.

A prenuptial or postnuptial agreement must be in writing, voluntarily executed, and free of fraud or duress; many states require disclosure of assets or a knowing waiver.

The Uniform Premarital Agreement Act (UPAA) governs enforceability in adopting states; agreements cannot waive child support or custody in a way that harms the child.

Valuation date matters: courts may use date of separation, date of filing, or date of trial; retirement plans and businesses require expert valuation and discovery.

Qualified Domestic Relations Orders (QDROs) divide employer retirement plans; ERISA plans require a QDRO before the plan will pay an alternate payee.

Debt allocation follows the same marital/separate analysis; a decree binds the spouses but not third-party creditors, who may still pursue either spouse on joint debt.

Spousal support types include temporary (pendente lite), rehabilitative, durational, permanent, and lump-sum; the type is set by statute and the court's findings.

Common statutory factors: length of marriage, standard of living during marriage, age and health, earning capacity, contributions to the marriage (including homemaking and career sacrifice), and fault in some states.

The Uniform Marriage and Divorce Act (UMDA) factors are the model for many states; no single factor controls, and the court must make findings on the record.

Tax treatment changed under the Tax Cuts and Jobs Act: for instruments executed after December 31, 2018, alimony is neither deductible to the payor nor income to the payee.

Support terminates on death of either party, remarriage of the recipient, or expiration of the term; cohabitation may terminate or reduce support where the statute provides.

Modification requires a substantial and continuing change in circumstances; the change must be material and not contemplated by the original decree.

Arrears are generally not modifiable retroactively; most states prohibit retroactive reduction of accrued support, and interest may accrue on arrears.

Enforcement tools include income withholding, contempt, license suspension, tax refund interception, and liens; the Uniform Interstate Family Support Act (UIFSA) governs interstate enforcement.

Imputed income may be assigned to a voluntarily unemployed or underemployed spouse based on earning capacity, education, and work history.

The governing standard is the best interests of the child; statutory factor lists typically include stability, parental fitness, child's preference (age-weighted), and each parent's caregiving history.

Legal custody is decision-making authority (education, medical, religion); physical custody is residence; joint legal custody does not require equal parenting time.

The tender years doctrine is largely abolished; gender-neutral best-interests analysis controls, and many states presume joint legal custody or require a parenting plan.

A parenting plan must address the regular schedule, holidays, vacations, exchanges, transportation, communication, decision-making, and a dispute-resolution method.

Relocation statutes typically require notice (often 30-60 days) and either the other parent's consent or court approval under a best-interests test.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) gives exclusive continuing jurisdiction to the child's home state; a home state is where the child lived with a parent for at least six consecutive months before filing.

Interference with court-ordered parenting time may support a contempt finding or a modification; some statutes define it as parental alienation or custodial interference.

Guardians ad litem and custody evaluators serve the court, not either party; their reports are evidence, and their recommendations are not binding.

A child's stated preference is one factor, not controlling; the court weighs maturity and reasons, and the child is generally not examined in open court.

The federal Family Support Act and PRWORA require states to adopt numeric child support guidelines; the guideline amount is presumptively correct and rebuttable only by findings.

The income shares model (adopted by most states) combines both parents' incomes, computes a basic obligation, and allocates it in proportion to each parent's income share.

The percentage-of-income model is used in a few states and applies a statutory percentage to the noncustodial parent's income per number of children.

The Melson formula adds a self-support reserve before applying a percentage, and is used in Delaware and Hawaii; it protects the obligor's subsistence needs.

Guideline inputs: gross income, allowable deductions, other support obligations, parenting time (overnight credits), health insurance, and child care costs.

Deviation requires written findings that the guideline amount is unjust or inappropriate; common grounds include special needs, extraordinary expenses, and shared parenting time.

Modification requires a substantial change in circumstances, often defined by statute as a percentage change in income (commonly 10-20%) or a change in the number of children.

Enforcement mechanisms include income withholding, contempt, license revocation, passport denial, tax intercept, and liens; federal Title IV-D agencies provide enforcement services.

Support generally continues to age 18 or graduation from high school; many states extend to age 21 or 23 for full-time students or disabled children.

Discovery tools in family law: interrogatories, requests for production, requests for admission, depositions, subpoenas to third parties, and independent medical or psychological examinations.

Mandatory financial disclosure is common in family cases; parties exchange sworn financial statements, tax returns, pay stubs, bank records, and retirement statements.

Discovery must be proportional to the needs of the case; relevance, burden, and privilege are the standard objections, and boilerplate objections may be overruled.

Privileges: attorney-client, spousal communication privilege (varies by state), physician-patient, and psychotherapist-patient; waiver occurs by disclosure to third parties.

Electronic evidence (texts, email, social media, GPS, app data) requires authentication under FRE 901; screenshots should capture metadata and be preserved with hash values.

Best evidence rule (FRE 1002) requires the original writing to prove its content; FRE 1003 permits duplicates unless authenticity is disputed or fairness requires the original.

Hearsay (FRE 801) applies to out-of-court statements; exceptions relevant to family law include excited utterance, present sense impression, and records of regularly conducted activity.

Chain of custody and document retention: maintain a privilege log, Bates-number documents, and keep originals; spoliation can lead to adverse inference instructions or sanctions.

Expert reports (custody evaluations, business valuations, vocational assessments) must be disclosed under the scheduling order and are subject to deposition and rebuttal.

A dissolution petition must allege the statutory ground, residency, marriage date, children, and requested relief; the answer or counterpetition responds and may seek affirmative relief.

Temporary orders (pendente lite) cover support, custody, exclusive use of the residence, attorney fees, and restraining orders while the case is pending.

A motion must state the relief sought, the grounds, and the supporting facts or law; most jurisdictions require a notice of hearing and a certificate of service.

Local rules and scheduling orders set deadlines for disclosure, expert designation, discovery cutoff, pretrial motions, and trial; calendar them at filing.

Trial preparation includes a witness list, exhibit list, exhibit binders, direct and cross-examination outlines, and a trial brief; exhibits must be pre-marked and exchanged.

A proposed order or judgment should track the court's findings; in equitable distribution states, the court must make specific findings on each statutory factor.

Service and proof of service must comply with the rules; default judgment is available only after the statutory waiting period and proper affidavit of service.

Post-trial motions (new trial, reconsideration, relief from judgment) have short deadlines; the notice of appeal clock generally runs from entry of the final judgment.

Contempt proceedings require a valid order, knowledge of the order, and a willful violation; the burden and the remedy (civil coercive vs. criminal punitive) differ.

Mediation is facilitated negotiation by a neutral third party; the mediator does not decide the case, and most states require mediation in custody disputes before trial.

Mediation confidentiality is protected by statute and by mediation privilege rules; communications are generally inadmissible, with exceptions for threats and mandatory reporting.

Arbitration in family law is limited; many states permit it for property and support but not for custody, which remains subject to court review of the child's best interests.

Collaborative practice is a voluntary process in which both parties and counsel sign a participation agreement disqualifying the lawyers from litigation if the process fails.

A settlement agreement must be in writing, signed by the parties, and incorporated into the final judgment to be enforceable; a Rule 68 offer of judgment may shift costs.

Marital settlement agreements are contracts; courts enforce them unless unconscionable, obtained by fraud or duress, or contrary to the child's best interests.

Parenting coordination is a dispute-resolution role for high-conflict cases; the coordinator may make recommendations or limited decisions as the order authorizes.

Negotiation preparation requires knowing the client's BATNA, settlement authority, and non-negotiable interests (safety, custody schedule, the home).

A mediated settlement should be reviewed for enforceability details: payment terms, QDRO language, tax treatment, and a mechanism for future modifications.