Family Law: Marriage, Dissolution, and Children
Marriage and Agreements
Marriage generally requires a license and solemnization. Common law marriage survives in a few jurisdictions and requires capacity, present agreement, and holding out to the public with cohabitation. Premarital agreements are enforceable only if voluntary, with full financial disclosure, and free of unconscionability.
Dissolution
Dissolution may be no-fault (irretrievable breakdown, incompatibility) or fault-based (adultery, cruelty). Residency or domicile requirements apply. Keep two jurisdictional questions separate: the court needs jurisdiction over the marriage, and under the UCCJEA it needs home-state jurisdiction over custody, with home state generally meaning six months of residence before filing.
Property and Support
Community property states divide marital property roughly equally; equitable distribution states divide fairly, which is not always equally. Distinguish separate property (premarital, gift, inheritance) from marital property, and watch for commingling and transmutation. Spousal support may be temporary, rehabilitative, or long-term. Child support usually follows statutory guidelines based on income shares, and support obligations are not discharged in bankruptcy. Custody has legal and physical components decided by the best interests of the child, usually through a parenting plan. Modification requires a substantial change in circumstances.
Traps
Separate property can lose its character through commingling. Custody jurisdiction is distinct from divorce jurisdiction. A prenup without disclosure is vulnerable. Unsupported or unacknowledged paternity issues may require establishment proceedings.
Worked Example
A spouse inherits money and deposits it into a joint account used for household expenses. The inheritance began as separate property but may be treated as marital due to commingling and transmutation; document the trail.