Family Law News & Legal Analysis

Most states follow equitable distribution principles, meaning property is divided fairly but not necessarily equally, based on factors like the length of the marriage, each spouse's financial situation, and contributions to the marriage. Nine states are community property states where marital assets are generally split 50/50.

Courts determine custody based on the best interests of the child, considering each parent's relationship with the child, the child's adjustment to home and school, each parent's ability to meet the child's needs, and any history of domestic violence. Joint custody is increasingly common.

Legal custody refers to the right to make major decisions about a child's upbringing including education, healthcare, and religious upbringing. Physical custody refers to where the child primarily lives. Parents can share both types jointly, or one parent can have primary custody while the other has visitation rights.

Child support is calculated based on state guidelines that typically consider both parents' incomes, the custody arrangement, childcare costs, and health insurance expenses. Courts generally follow the guidelines closely. Child support orders can be modified if circumstances change significantly.

Domestic violence victims can seek protective orders that prohibit the abuser from contacting or approaching them. Emergency protective orders can be obtained quickly, sometimes the same day. Violating a protective order is a criminal offense. Victims may also have grounds for emergency custody orders to protect children.