Family law is the area of law that deals with a variety of matters governing the family relationship, including getting married, getting divorced, adopting a child, and establishing and modifying child support, child visitation and custody.

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Frequently Asked Questions

  • Can The State Terminate A Parent's Rights Over Their Children?
    Yes.  Every state has an agency that protects the interests of children.  That agency may ask the court to terminate parental rights.  Usually, the state must show that the parent is unfit and that severing the relationship is in the best interests of the child.  To be found … more
  • What Is Required To Obtain A Marriage License?
    The requirements for the issuance of a marriage license are generally set by statute for the jurisdiction in which the marriage will occur. Generally it must state the names of the parties, their addresses, their ages and any other data required by the statute. Additionally a fee for the issuance … more
  • How Long Does It Take To Get Divorced?
    This is really a two-part question.  Most states require a certain period of time to pass between the filing of the initial paperwork and the issuance of a Judgment of Dissolution (the “official” document signed by the judge stating that you are now divorced).  The period … more
  • What Is A Prenuptial Agreement?
    A prenuptial agreement, or a premarital agreement, is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies … more
  • What Factors Are Used To Calculate Child Support Payments? Can The Amount Of The Payment Change Over Time?
    Under the Child Support Enforcement Act of 1984, child support payments are based upon each parent's current income.  This includes a number of elements including: occupational wages, assets such as stocks and bonds, welfare benefits.  Other factors include the custodial parent's … more
  • How Do I File For Divorce?
    Filing for divorce is like initiating any other civil lawsuit – you must first file papers at the courthouse (a “Complaint”).  Many states have the necessary forms available online.  Once filed, the papers must then be delivered to your spouse … more
  • Does Every State Follow The Same Formula In Calculating Child Support?
    No.  Each state has their own child support law but each state tends to follow one of three basic models:  Flat Percentage, Income Shares, and the Melson Formula. a) Flat Percentage – The child support amount is based on a percentage of the non-custodial parent’s income and … more
  • What Is A Common Law Marriage?
    A small minority of states allow the creation of marriage by common law. A common law marriage is one in which there is no ceremony or marriage license. The parties must be capable of contracting and generally be of the opposite gender. A common law marriage requires an actual agreement by the … more

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