Family Law Basics

Divorce: the basic paths

Divorces are usually either uncontested (both spouses agree on the major issues) or contested (they don't). Uncontested divorces are faster, cheaper, and less painful. Most states also allow "no-fault" divorce, meaning neither spouse has to prove wrongdoing.

The main issues to resolve are:

• Division of property and debts
• Spousal support (alimony), if any
• Child custody and parenting time
• Child support

Child custody, in plain English

Custody has two parts: legal custody (who makes major decisions about school, health, religion) and physical custody (where the child lives). Either can be joint or sole. Courts start from the "best interests of the child," looking at things like stability, each parent's involvement, the child's needs, and the ability of the parents to cooperate.

Child support

Child support is money one parent pays the other to help cover the child's expenses. Most states use a formula based on each parent's income, the number of children, and how parenting time is split. Support usually continues until the child turns 18 (or finishes high school), sometimes longer for a child with special needs.

Spousal support / alimony

Alimony isn't automatic. Courts look at things like the length of the marriage, each spouse's income and earning potential, contributions to the marriage (including as a homemaker), and the standard of living during the marriage. It can be temporary, rehabilitative (to help someone get back on their feet), or long-term.

Dividing property

Some states use community property rules (most marital assets are split 50/50) and others use equitable distribution (a fair, not necessarily equal, split). Property acquired before the marriage, or by gift or inheritance, is often treated as separate — but can get mixed in.

Other family law issues

• Prenuptial and postnuptial agreements
• Paternity
• Adoption and guardianship
• Domestic violence protective orders
• Modifying custody, support, or alimony after the fact

When to talk to a family lawyer

• Children, real estate, retirement accounts, or a business are involved
• There's a big imbalance in income or information between spouses
• There's any history of abuse or safety concerns
• Your spouse has already hired a lawyer
• You're being asked to sign an agreement you don't fully understand