What is family law?

What it covers

• Ending a marriage — divorce, legal separation, annulment; all states now offer a no-fault ground.
• Children — legal custody (decision-making) and physical custody (where the child lives), parenting schedules, relocation, and modification as circumstances change.
• Money — child support set by state guidelines from income and parenting time; spousal support, which is far more discretionary.
• Property — community property in nine states, equitable distribution in the rest.
• Protection — restraining and protective orders, often decided within days.
• Family formation — adoption, paternity, guardianship, assisted reproduction agreements.

The standard that governs children

The best interests of the child — a list of statutory factors including each parent's relationship with the child, stability, the child's needs and, at some ages, the child's own preference. It is not a formula, and two judges can weigh the same facts differently, which is why negotiated parenting plans are usually more predictable than trials.

How most cases are resolved

By agreement. Many states require mediation before a contested custody hearing, and collaborative practice is an established alternative. Contested trials are the exception, and they are the most expensive and slowest route by a wide margin.

Orders that can be revisited

Custody and support can be modified on a substantial change of circumstances. Property division generally cannot be reopened, which is why the financial disclosure stage deserves more attention than it usually gets.