Plain-language answers to the most common family law & divorce questions, written by Haute Lawyer Network's editorial team.
Family court — also called domestic relations court or probate and family court in some states — is a specialized division of the court s…
Read Answer →Child Protective Services (CPS) — called by various names in different states — is the government agency responsible for investigating re…
Read Answer →A default divorce occurs when a spouse who has been properly served with divorce papers fails to respond within the required time — and t…
Read Answer →A cohabitation agreement — also called a living together agreement or domestic partnership agreement — is a written contract between unma…
Read Answer →Adoption is the legal process through which a person permanently assumes parental rights and responsibilities for a child who is not thei…
Read Answer →Grandparent visitation rights — the right to court-ordered access to grandchildren over a parent's objection — are limited and heavily re…
Read Answer →When parents live in different states — or when one parent relocates after a custody order is entered — interstate custody issues arise.…
Read Answer →Collaborative divorce is a process in which both spouses and their attorneys commit in writing to resolving all divorce issues through ne…
Read Answer →Equitable distribution is the legal standard used by the majority of states to divide marital property in divorce. It requires a fair — b…
Read Answer →A child custody order can be modified by petitioning the court for a modification when there has been a substantial change in circumstanc…
Read Answer →A domestic partnership is a legally recognized relationship between two people who live together and share a domestic life but are not ma…
Read Answer →A domestic violence restraining order — also called a protective order or order of protection — is a court order that restricts an abusiv…
Read Answer →An annulment is a court ruling that a marriage was legally void or voidable — declaring that the marriage never validly existed rather th…
Read Answer →A parenting plan — also called a custody agreement or parenting agreement — is a written document that details how divorced or separated…
Read Answer →Legal separation is a court-ordered arrangement in which a married couple lives apart and has their financial and parenting rights and ob…
Read Answer →A guardian ad litem (GAL) is a person appointed by the court to investigate and represent the best interests of a child in a custody proc…
Read Answer →Yes, a prenuptial agreement can be challenged — and courts do invalidate them when specific legal grounds are present. However, a properl…
Read Answer →The family home is often the most emotionally and financially significant asset in a divorce — and frequently the most contested. What ha…
Read Answer →Unlike child support, which follows specific mathematical formulas in most states, alimony — also called spousal support or spousal maint…
Read Answer →The time it takes to finalize a divorce depends primarily on two factors: whether the divorce is contested or uncontested, and the state'…
Read Answer →Child support is calculated according to each state's guidelines — formulas established by state law that determine the appropriate amoun…
Read Answer →A postnuptial agreement is a legally binding contract signed by married spouses that establishes how assets, debts, and financial obligat…
Read Answer →Child custody is determined based on the best interests of the child — a legal standard that guides every custody decision courts make. U…
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