30 Common Family Law FAQs for Custody and Divorce

General Divorce Questions

What is a no-fault divorce?

A divorce in which neither spouse is assigned blame for the failure of the marriage, citing irreconcilable differences or incompatibility.

What is the difference between legal separation and divorce?

Legal separation is the process in which a couple lives apart without terminating the marriage, whereas divorce is the legal dissolution of a marriage.

What is a contested divorce?

A divorce with the spouses holding differing views on issues like custody, property, or support that need to be thrashed out in court.

What is an uncontested divorce?

A divorce where parties agree on everything. In most cases, this speeds up and reduces costs.

How long does it take to finalize the divorce?

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It depends on the state and the case. The timeframe varies from a few months to more than a year.

Property and Financial Issues

What is marital property?

Answer: Property acquired during the marriage, usually subject to division during divorce.

What is separate property?

Answer: Property owned before marriage or acquired through inheritance or gifts, typically not subject to division.

How is property divided in a divorce?

Answer: States follow either community property (equal split) or equitable distribution (fair but not necessarily equal division) rules.

What happens to debts in a divorce?

Answer: Spouses share marital debt, but a court might differentiate between them about who paid them and how.

What is alimony or spousal support?

Answer: Alimony is a legal obligation from one spouse to provide for the financial needs of another to maintain their way of life until they are ready to live economically on their own.

Child Custody

What is legal custody?

Answer: The responsibility to make primary decisions for children, including how they should be educated, healthy, and possibly religiously socialized.

What is physical custody?

Answer: Determines where the child lives and which parent provides day-to-day care.

What is joint custody?

Answer: A custody arrangement where both parents share legal and/or physical custody responsibilities.

What is sole custody?

Answer: One parent has exclusive legal and/or physical custody of the child, though the other parent may have visitation rights.

How do courts decide custody?

Answer: Courts prioritize the child’s best interests, considering factors like stability, parental fitness, and the child’s preferences.

Child Support

How is child support determined?

Answer: According to state guidelines, taking into account both parents’ incomes, custody arrangements, and the child’s needs.

Can child support be changed?

Answer: Yes, if there is a substantial change in circumstances, such as income changes or the child’s needs.

What happens if child support is not paid?

Answer: Penalties include wage garnishment, license suspension, fines, or even jail time for repeated offenses.

Does child support end at 18?

Answer: Usually, but it can persist if the child is in high school, handicapped, or as ordered by the court order.

Who is responsible for the child’s health care expenses?

Answer: Courts often make both parents pay, or the health insurance provider, if one of the parents pays for health insurance.

Visitation and Parenting Time

What is a visitation schedule?

Answer: A court order that describes how the non-custodial parent will spend time with the child.

What is supervised visitation?

Answer: Third-party supervised visits ordered often in abuse and neglect cases for the protection of the child’s safety.

May visitation be denied?

Answer: If visitation poses a risk to the child’s best interest, which the court shall determine.

What is a parenting plan?

Answer: A very specific agreement in most custody cases including custody, visitation, and decision-making authority.

May the child decide whom to live with?

Answer: Courts can take into account the child’s preference, often if the child is mature enough, but the ultimate decision will be based on the best interests of the child.

Legal and Procedural Questions

Do I need an attorney for divorce or custody cases?

Answer: Not necessary, but it is helpful, especially in contested or complex cases.

What is mediation in family law?

Answer: A procedure where an impartial intermediary assists parents in reaching agreements out of court, thereby often saving time and money.

Can custody orders be modified?

Yes. If circumstances substantially change, affecting the welfare of the child, a custody order may be modified.

What happens if one parent violates a custody order?

The other parent may file a motion for enforcement, and the court may impose penalties or modify the order.

What is a guardian ad litem?

A: When custody disputes arise, the court appoints an advocate to represent the best interests of the child.

Take Away

Divorce and custody cases focus on fairness for spouses as well as on best interest for children.

Courts most care about stability, safety, and the child’s well-being when it comes to custody and support decisions.

Mediation and parenting plans can be useful tools to avoid battling in court during a divorce and custody dispute.

By answering these FAQs, families would be able to understand the law process and hence make better decisions in divorce and child custody cases.

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