Family Law: Marriage, Divorce, and Custody Issues

Marriage

A legal union between two individuals that creates rights and obligations recognized by law.

Common Law Marriage

A marriage formed without a ceremony or license, requiring cohabitation, intent to be married, and holding out as a married couple.

Void Marriage

A marriage that is invalid from the start, such as those involving bigamy or incest.

Voidable Marriage

A marriage that is valid until annulled, often due to reasons like fraud or lack of capacity.

Annulment

A legal declaration that a marriage is invalid and treated as though it never existed.

Premarital Agreement (Prenup)

A contract entered into before marriage that outlines property division and spousal support in the event of divorce or death.

No-Fault Divorce

A divorce granted without proving fault, based on irreconcilable differences.

Fault-Based Divorce

A divorce granted based on misconduct such as adultery or cruelty.

Legal Separation

A court-approved arrangement where spouses live apart but remain legally married.

Equitable Distribution

A method of dividing marital property based on fairness, not necessarily equality.

Community Property

A system where all property acquired during the marriage is owned equally by both spouses.

Marital Property

Property acquired during the marriage, subject to division upon divorce.

Separate Property

Property owned before marriage or acquired by gift or inheritance during the marriage.

Alimony (Spousal Support)

Payments from one spouse to the other for financial support after divorce.

Temporary Alimony

Support provided during the divorce process.

Rehabilitative Alimony

Support intended to help a spouse become self-sufficient.

Permanent Alimony

Ongoing support typically awarded in long-term marriages.

Modification of Alimony

Alimony can be adjusted based on a substantial change in circumstances.

Best Interests of the Child

The standard used to determine custody and visitation, focusing on the child's well-being.

Legal Custody

The right to make major decisions about a child's life, such as education and healthcare.

Physical Custody

The right to have the child live with a parent.

Joint Custody

Both parents share legal and/or physical custody of the child.

Sole Custody

One parent has exclusive legal and/or physical custody of the child.

Visitation (Parenting Time)

The non-custodial parent's right to spend time with the child.

Child Support

Financial payments made by the non-custodial parent to the custodial parent for the child's needs.

Modification of Child Support

Child support can be changed based on a substantial change in circumstances.

Parental Relocation

A custodial parent must seek court approval to move with the child if it affects the other parent's visitation rights.

Presumption of Paternity

A man is presumed to be the father if married to the mother at the time of the child's birth.

Paternity Suit

A legal action to establish the identity of a child's biological father.

Assisted Reproductive Technology (ART)

Legal issues surrounding parentage in cases of artificial insemination, surrogacy, or in vitro fertilization.

Adoption

The legal process of establishing a parent-child relationship between individuals not biologically related.

Protective Order (Restraining Order)

A court order to protect a victim of domestic violence by restricting the abuser's contact.

Mandatory Reporting

Certain professionals are required to report suspected domestic abuse or child abuse.

Putative Spouse Doctrine

Protects a person who, in good faith, believes they are married but the marriage is invalid.

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Governs jurisdiction in child custody cases to prevent conflicting orders between states.

Parental Kidnapping Prevention Act (PKPA)

Federal law ensuring enforcement of child custody orders across state lines.

Uniform Interstate Family Support Act (UIFSA)

Governs jurisdiction and enforcement of child support orders across states.

Surrogacy Agreements

The enforceability of agreements varies by state, with some prohibiting or strictly regulating them.