Family Law
Divorce, custody, support, adoption.
Frequently asked questions
Plain-English answers to the most common family law questions. For a cited answer tailored to your state, open it in the research workspace.
How is child custody decided?
Courts decide custody based on the "best interests of the child," weighing factors like each parent's stability, the child's needs and relationships, and sometimes the child's preference. Custody includes legal custody (decision-making) and physical custody (where the child lives), and joint arrangements are common.
How is child support calculated?
Most states use guideline formulas based mainly on each parent's income, the amount of parenting time, and the number of children, with adjustments for health insurance and childcare. Courts can deviate from the guideline in some situations.
How is property divided in a divorce?
Community-property states generally split marital property 50/50, while most states use "equitable distribution," dividing it fairly but not always equally. Property acquired before marriage or by gift/inheritance is often treated as separate, though it can become mixed.
What is alimony and how is it determined?
Alimony (spousal support) is money one spouse pays the other after separation to address income differences. Courts consider factors like the length of the marriage, each spouse's income and earning capacity, and contributions to the marriage; not every divorce involves alimony.
Can I modify a custody or support order?
Yes — courts can modify custody or support when there's a significant change in circumstances, such as a big income change, relocation, or a shift in the child's needs. You typically file a motion to modify rather than changing the arrangement informally.
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