Family Law Concepts: Marriage, Divorce, and Custody

Marriage

A legal union between two persons that creates rights and duties between spouses. Statute: Governed by state laws, such as Uniform Marriage and Divorce Act (UMDA) in some jurisdictions.

Divorce

The legal dissolution of a marriage. Grounds may include fault-based (e.g., adultery, cruelty) or no-fault (e.g., irreconcilable differences). Statute: State-specific divorce laws; UMDA provides guidance on no-fault divorce.

Child Custody

Legal determination of where a child will live and who will make decisions about their welfare, based on the 'best interests of the child' standard. Statute: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdictional issues in custody cases.

Child Support

Financial payments made by a non-custodial parent to support the child's living expenses, education, and healthcare. Statute: Child Support Enforcement Act (42 U.S.C. § 651) establishes federal guidelines for enforcement.

Spousal Support (Alimony)

Payments made by one spouse to the other after divorce to provide financial support, based on factors like income disparity and marriage duration. Statute: State-specific laws; UMDA provides general principles for spousal support.

Equitable Distribution

The fair division of marital property during divorce, distinguishing between marital and separate property. Statute: State-specific laws; UMDA outlines equitable distribution principles.

Parental Rights

Legal rights of parents to make decisions regarding their child's upbringing, including health, education, and religion. Statute: Governed by state laws and constitutional protections under the Due Process Clause of the 14th Amendment.

Termination of Parental Rights

A court order ending a parent's legal rights due to reasons like abuse, neglect, or abandonment. Statute: Adoption and Safe Families Act (ASFA) provides federal guidelines for termination.

Prenuptial Agreement

A contract entered into before marriage that outlines the division of assets and spousal support in the event of divorce. Statute: Governed by state contract laws and Uniform Premarital Agreement Act (UPAA) in some states.

Annulment

A legal procedure declaring a marriage null and void, as if it never existed, due to reasons like fraud, incapacity, or bigamy.

Legal Separation

A court-approved arrangement where spouses live apart but remain legally married, often addressing issues like property division and child custody. Statute: Governed by state laws; UMDA provides guidance.

Domestic Violence

Physical, emotional, or psychological abuse within a family or intimate relationship, often impacting custody and divorce proceedings. Statute: Violence Against Women Act (VAWA) provides federal protections.

Paternity

Legal determination of a child's biological father, often used to establish child support and parental rights. Statute: Uniform Parentage Act (UPA) governs paternity issues.

Visitation Rights

The legal right of a non-custodial parent to spend time with their child, typically outlined in a custody agreement. Statute: Governed by state laws and UCCJEA for jurisdictional matters.

Community Property

A system in some states where all property acquired during marriage is equally owned by both spouses and divided 50/50 upon divorce. Statute: State-specific laws (e.g., California Family Code § 760).

Separate Property

Property owned by one spouse before marriage or acquired during marriage by gift, inheritance, or personal earnings, not subject to division in divorce. Statute: State-specific laws; UMDA provides general principles.

Best Interests of the Child

The standard used by courts to determine custody and visitation, focusing on the child's health, safety, and welfare. Statute: UCCJEA and state-specific laws.

Guardian ad Litem

A court-appointed representative who advocates for the best interests of a child in custody or abuse cases. Statute: Governed by state laws.

Adoption

The legal process by which an individual or couple becomes the legal parent(s) of a child, terminating the biological parents' rights. Statute: Interstate Compact on the Placement of Children (ICPC) governs interstate adoptions.

Emancipation

A legal process by which a minor gains independence from their parents and assumes adult responsibilities before reaching the age of majority. Statute: Governed by state laws.

Putative Spouse Doctrine

A legal principle recognizing the rights of a person who mistakenly believes they are legally married, often applied in property division. Statute: State-specific laws.

Child Abuse and Neglect

Acts or omissions by a parent or caregiver that harm or threaten a child's physical or emotional well-being, often leading to termination of parental rights. Statute: Child Abuse Prevention and Treatment Act (CAPTA) provides federal guidelines.

Relocation

A parent's move to a new location that may impact custody or visitation arrangements, requiring court approval in some cases. Statute: Governed by state laws and UCCJEA for jurisdictional matters.

Surrogacy

An arrangement where a woman agrees to carry and give birth to a child for another person or couple, often involving legal agreements. Statute: Governed by state laws; Uniform Parentage Act (UPA) may apply.

No-Fault Divorce

A divorce granted without requiring proof of wrongdoing, based on irreconcilable differences or an irretrievable breakdown of the marriage. Statute: State-specific laws; UMDA supports no-fault divorce.

Fault-Based Divorce

A divorce granted based on one spouse's misconduct, such as adultery, cruelty, abandonment, or substance abuse. Statute: State-specific laws outline fault grounds.

Separation Agreement

A written contract between spouses outlining terms for property division, spousal support, and child custody during separation or divorce. Statute: Governed by state contract laws.

Marital Property

Property acquired during the marriage, subject to division in divorce. Statute: State-specific laws; UMDA provides guidance.

Temporary Spousal Support

Financial support awarded during the divorce process to maintain the status quo until the final decree. Statute: Governed by state laws.

Parenting Plan

A court-approved document outlining custody arrangements, visitation schedules, and decision-making responsibilities for the child. Statute: Governed by state laws.

Divorce Decree

The final court order officially ending a marriage and outlining terms for property division, custody, and support.

Mediation

A process where a neutral third party helps spouses negotiate terms of their divorce, often required before litigation

Collaborative Divorce

A non-adversarial process where spouses and their attorneys work together to resolve divorce issues without going to court. Statute: Governed by state laws.

Contested Divorce

A divorce where the spouses cannot agree on key issues, requiring court intervention to resolve disputes. Statute: Governed by state procedural rules.

Uncontested Divorce

A divorce where both spouses agree on all terms, allowing for a quicker and less expensive process. Statute: Governed by state laws.

Grounds for Divorce

The legal reasons for seeking a divorce, which may include fault-based (e.g., adultery) or no-fault (e.g., irreconcilable differences). Statute: State-specific laws outline grounds for divorce.

Residency Requirements

The legal requirement that at least one spouse must reside in the state for a specified period before filing for divorce. Statute: State-specific laws.

Waiting Period

The mandatory time between filing for divorce and the final decree, intended to allow for reconciliation or proper case preparation. Statute: State-specific laws.

Modification of Divorce Decree

A court-approved change to the terms of a divorce decree, such as custody or support, based on a substantial change in circumstances. Statute: Governed by state laws.

Reconciliation

An attempt by spouses to repair their marriage during the divorce process, which may pause or terminate proceedings. Statute: Governed by state procedural rules.

Discovery in Divorce

The legal process of gathering evidence and financial information from the other spouse during divorce litigation. Statute: Governed by state rules of civil procedure.

Marital Settlement Agreement

A written agreement between spouses resolving all issues in the divorce, often incorporated into the final decree. Statute: Governed by state contract laws.

Legal Custody

The right to make major decisions about a child's life, including education, healthcare, and religion. Statute: Governed by state laws.

Physical Custody

The right to have the child live with a parent or guardian. Statute: Governed by state laws.

Joint Custody

A custody arrangement where both parents share legal and/or physical custody of the child. Statute: Governed by state laws; UMDA provides general principles.

Sole Custody

A custody arrangement where one parent has exclusive legal and/or physical custody of the child. Statute: Governed by state laws.

Supervised Visitation

Visitation that occurs under the supervision of a third party, often ordered in cases involving abuse or neglect. Statute: Governed by state laws.

Parental Alienation

When one parent attempts to undermine the child's relationship with the other parent, potentially impacting custody decisions. Statute: Addressed under state custody laws.

Child Preference

The court may consider the child's preference in custody decisions, typically if the child is of sufficient age and maturity. Statute: Governed by state laws.

Friendly Parent Doctrine

A principle favoring the parent who is more likely to encourage a positive relationship between the child and the other parent. Statute: Governed by state laws.

Modification of Custody Order

A court-approved change to a custody arrangement based on a substantial change in circumstances. Statute: Governed by state laws.

Joint Legal Custody

Both parents share decision-making authority for the child, even if physical custody is not equally shared. Statute: Governed by state laws.

Split Custody

A custody arrangement where siblings are divided between parents, with each parent having physical custody of one or more children. Statute: Governed by state laws.

Emergency Jurisdiction

A court's authority to make temporary custody decisions when a child is in immediate danger. Statute: UCCJEA governs emergency jurisdiction.

Third-Party Custody

Custody granted to a non-parent, such as a grandparent or other relative, when both parents are deemed unfit. Statute: Governed by state laws.

Shared Parenting

A custody arrangement where both parents have significant time and involvement in the child's life.