40 Key Family Law Questions Answered for Clients

Marriage and Domestic Partnerships

What are the legal prerequisites to marriage?

Typically these include age, consent, a valid marriage license, and sometimes a waiting period.

What is a prenuptial agreement?

A contract signed prior to marriage which details how assets would be divided and financial responsibilities assigned in the event of divorce or death.

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Does my state recognize common-law marriage?

Not all states recognize common-law marriage; check your state’s laws to confirm.

What is a domestic partnership?

A legal agreement conferring some rights of marriage to unmarried couples, commonly same-sex or cohabiting partners.

Can I get my marriage annulled?

An annulment is given when a marriage is considered null and void due to factors such as fraud, bigamy, or incapacity.

Divorce and Legal Separation

What’s the difference between divorce and legal separation?

A divorce legally terminates a marriage, whereas legal separation refers to the legal separation of the couple but keeping the marriage bond.

What are the grounds for divorce?

Common grounds are no-fault (irreconcilable differences) or fault-based (adultery, abuse).

How is property divided in a divorce?

States follow either equitable distribution (fair division) or community property (equal division).

What is a contested divorce?

A divorce where the parties disagree on one or more issues and requires court intervention.

Can I get a divorce without going to court?

Yes, through mediation or collaborative divorce if both parties agree on all terms.

Child Custody and Parenting

Difference between legal and physical custody

Legal custody: Rights to make decisions in the upbringing of a child

Physical custody: This determines where the child lives.

What factors are considered by the courts for awarding custody?

The best interests of the child, which also include the child’s wishes and preferences, and the ability of each parent to meet the child’s needs and the stability of the parents.

Yes, for example, a change in circumstances such as moving or an increase/decrease in parental ability to take care of the child.

What is a parenting plan?

A document that lays out custody schedules, holiday planning, and decision-making responsibilities.

What is the effect of one parent committing a violation on a custody order?

The courts may enforce it and impose penalties. It may mean a fine or modification.

Child Support and Spousal Support

How do they calculate child support?

Depending on state guidelines, based on the income of parents, custody arrangement, and child needs.

What if child support is not paid?

Enforcement action may include wage garnishment, license suspension, or contempt of court.

What is spousal support, also known as alimony?

Payment made by one spouse to another after divorce for financial stability. This is usually based on the income of both spouses, marriage length, and needs.

Can support orders be modified?

Yes, when there is a significant change in circumstances, such as job loss or increased income.

How long does spousal support last?

It varies and can be temporary, rehabilitative (short-term), or permanent, depending on the circumstances.

Adoption and Guardianship

What is the legal process for adoption?

It includes background checks, home studies, and court approval to formalize the adoption.

Can stepparents adopt their stepchildren?

Yes, but usually involves the consent of the noncustodial parent or the termination of their parental rights.

What is guardianship?

A legal arrangement where a person is appointed to care for a child or incapacitated adult when the parents cannot.

How does adoption differ from guardianship?

Adoption permanently transfers parental rights, while guardianship is only temporary and does not terminate parental rights.

Can adoption orders be reversed?

Extremely rare and only for situations such as fraud or failure to comply with the law.

Domestic Violence and Protective Orders

What is a restraining order?

A court order preventing someone from coming into contact or approaching another individual to cause harm or harass.

How do I obtain a protective order?

Petition the court in your county with evidence of abuse, threats, or harassment.

Can a protective order have a custody order included?

Yes, protective orders can temporarily address custody and visitation to protect the victim and children.

What happens if a restraining order is violated?

Violations can lead to criminal charges, fines, or jail time.

Can domestic violence affect custody decisions?

Yes, courts prioritize the safety of the child and may limit the abuser’s custody or visitation rights.

Legal Procedures and Representation

Do I need a lawyer for a family law case?

While not necessary, an attorney is highly advised to successfully navigate complicated legal issues.

What’s mediation?

A process where a neutral third party helps work out disputes over things, typically in custody or divorce cases.

How long will this family law case take?

Just dependent upon the complexity level, how available the courts are, and the overall willingness to negotiate between parties.

Can I represent myself in family court?

Yes, but requires a good knowledge of family law and court processes.

What is collaborative divorce?

A divorce process where both parties and their lawyers agree to try to resolve disputes without going to court.

Family Law and Property

What is community property?

A system wherein all assets and debts acquired during marriage are split equally upon dissolution.

What is equitable distribution?

A system whereby marital property will be divided as equitably as possible, without necessarily being exactly equal, taking into account other factors.

What happens to retirement accounts in a divorce?

Retirement accounts are divided in most divorces, according to a Qualified Domestic Relations Order (QDRO).

Who pays marital debt?

Marital debts are also divided, with each party bearing responsibility for debts related to his or her economic circumstances.

Can we agree on how our property will be divided?

Yes, and often a court will enforce the terms of the couple’s property division, which it is presumed is fair.

These questions cover the most common concerns in family law.

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