Divorce Family Law

In cases of contested divorce, family law courts step in to decide child custody/visitation issues. The laws vary from state to state, but must courts agree that shared parenting is the ideal arrangement for couples with minor children. However, they do recognize that in some situations this is not feasible or advisable. Each state makes provisions for protecting children from domestic violence. Sometimes, this takes the form of supervised visitation. In rare circumstances, a parent's rights to visitation may be terminated. Family law and property law cover the distribution of assets in a divorce. Most states adhere to the concept of equitable distribution. Rather than simply dividing funds and property in half, the court makes every effort to reach a settlement that represents a fair distribution that will allow each spouse to be financially stable. This can include ongoing spousal support in some cases.

Fast Facts

  • Over half of the states in the U.S. do not have a waiting period for divorce.
  • 57% of custodial fathers are divorced or separated.
  • Reconciliation counseling laws exist in some states but are rarely used by family law judges.

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