I. General Information about Family Law
II. Marriage
     A. Traditional
     B. Common Law
III. Premarital/Prenuptial Agreement
IV. Divorce
     A. Grounds
     B. Fault or No-Fault
     C. Annulment
     D. Alienation of Affection
V. Alimony, Spousal Support and Maintenance
VI. Division of Property
     A. Community Property
     B. Equitable Distribution
VII. Adoption
     A. Public adoption
     B. Private adoption
     C. Transracial adoption
     D. Intra-national and International adoption
     E. Single parent adoption
     F. Summary of Adoption procedure
VIII. Child Custody and Visitation
IX. Child Support
X. Conclusion

Divorce

A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. Some states still require at least a minimal showing of fault (grounds), but no-fault divorce is now the rule in which incompatibility is sufficient to grant a divorce. The major issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees. Only state courts have jurisdiction over divorces so the petitioner/complainant can only file in the state in which he/she has been a resident for a period of time. In many states, the time period from original filing for divorce and final judgment (or decree) takes several months to allow for a chance to reconcile.

The most relevant issues to be decided during divorce proceedings are alimony or spousal support, division of marital assets, and, if children are involved, child custody, visitation and child support.

Back to Top