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Family Law: Marriage, Divorce, Custody, and Support

Federal & State Law Editorial Team

Overview of family law topics including marriage requirements, divorce proceedings, child custody standards, and spousal and child support.

Family Law Overview

Marriage

Marriage is both a personal relationship and a legal contract with significant legal consequences:

  • Requirements: Minimum age (18 in most states, or younger with parental consent), mental capacity, not currently married, not closely related
  • Common-Law Marriage: Recognized in about 10 states. Requires cohabitation, mutual agreement to be married, and holding yourselves out as married to the community
  • Same-Sex Marriage: Legal nationwide since Obergefell v. Hodges (2015)

    • Divorce

  • No-Fault: Available in all 50 states. Irreconcilable differences is sufficient grounds.
  • Fault-Based: Available in some states (adultery, cruelty, abandonment). May affect property division or support.
  • Property Division: Community property states split marital property 50/50. Equitable distribution states divide it fairly.
  • Spousal Support (Alimony): Based on factors including length of marriage, earning capacity, standard of living, and contributions to the marriage.

    • Child Custody

    Courts decide custody based on the best interest of the child:

  • Legal Custody: Who makes major decisions (education, healthcare, religion)
  • Physical Custody: Where the child lives
  • Joint vs. Sole: Courts generally prefer joint custody arrangements that maximize each parent's time
  • Factors: Each parent's relationship with the child, stability, ability to co-parent, child's wishes (if old enough), history of domestic violence

    • Child Support

  • Both parents have a legal obligation to support their children financially
  • Support is calculated using state guidelines based on parental income and custody time
  • Support continues until the child reaches 18 (19 or 21 in some states, or through college)
  • Support orders can be modified if there is a substantial change in circumstances
  • Failure to pay child support can result in wage garnishment, license suspension, or contempt of court

    • Domestic Violence

    Protective orders (restraining orders) are available to victims of domestic violence:

  • Emergency orders can be issued immediately, often without a hearing
  • Temporary orders typically last 2-4 weeks until a hearing
  • Permanent orders (after a hearing) can last 1-5 years or longer
  • Violations are criminal offenses