Family & Divorce

Types of family law cases

Family courts handle a wide range of matters that affect families and households:

• Divorce and legal separation
• Child custody and visitation
• Child support and spousal support (alimony)
• Paternity establishment
• Adoption and guardianship
• Domestic violence protection orders

The divorce process

Divorce ends a marriage through a court order. The process and requirements vary by state, but there are two main types:

• Uncontested divorce — Both spouses agree on major issues (property division, custody, support). This is typically faster, less expensive, and less stressful.
• Contested divorce — The spouses disagree on one or more issues. A judge will make decisions after both sides present their case.

Many courts encourage or require mediation before trial. A neutral mediator helps both parties negotiate an agreement without going before a judge.

Child custody

Custody decisions are based on the best interests of the child — the standard courts use in every state. Both parents' perspectives matter:

• Legal custody — The right to make major decisions about the child's education, health care, and religious upbringing. Can be sole or joint.
• Physical custody — Where the child lives. Joint physical custody means the child spends significant time with both parents.

Courts consider factors like each parent's relationship with the child, stability of each home, the child's preferences (if old enough), and each parent's willingness to support the child's relationship with the other parent.

Child support

Both parents have a legal obligation to support their children financially. Key points:

• Calculation — Most states use a formula based on both parents' incomes, the number of children, and the custody arrangement.
• Modification — Support can be changed if circumstances significantly change (job loss, income increase, change in custody).
• Enforcement — Failure to pay can result in wage garnishment, tax refund interception, license suspension, or contempt of court.

Domestic violence resources

If you or someone you know is experiencing domestic violence, help is available:

• National Domestic Violence Hotline: 1-800-799-7233 (available 24/7)
• Protection orders — Courts can issue emergency, temporary, and permanent protection orders that require an abuser to stay away.
• Many courts have expedited processes for protection orders, often available the same day.
• Advocates at local shelters and legal aid offices can help with safety planning and court paperwork.

Preparing for family court

1. Gather important documents — financial records, tax returns, property deeds, and any existing court orders.
2. Organize your timeline — key dates, events, and communications relevant to your case.
3. Understand your state's requirements — residency, waiting periods, mandatory parenting classes.
4. Consider what outcomes you want and what compromises you can accept.
5. Keep communication with the other party respectful and documented (in writing when possible).

Finding help

• Your local legal aid office
• Court self-help centers and family law facilitators
• Bar association lawyer referral services
• Mediation services (often available through the court)
• Domestic violence hotlines and shelters