Family Law Statutes and Case Law

Irreconcilable differences is a no-fault ground for divorce that allows a couple to divorce without having to prove that one spouse is at fault for the breakdown of the marriage.

The legal age of consent for marriage varies by state, ranging from 16 to 18 years old. In some states, minors can marry with parental consent.

The Indian Child Welfare Act (ICWA) is a federal law that governs child custody and support in cases involving Native American children.

Courts consider the best interests of the child as the primary factor when determining child custody.

In most states, all property acquired during the marriage, regardless of how it was acquired, is considered marital property subject to division upon divorce.

A prenuptial agreement is a contract that establishes the rights and responsibilities of each spouse in the event of a divorce, including the division of property and spousal support.

Domestic violence includes physical abuse, emotional abuse, sexual abuse, and stalking.

A restraining order in a domestic violence case can prevent the abuser from contacting or coming near the victim, require the abuser to attend counseling or anger management classes, and award the victim temporary custody of the children.

Child support includes basic child support, medical support, and educational support.

A paternity test can be used to determine the biological father of a child, establish a legal relationship between a father and a child, and determine the amount of child support that a father is required to pay.

There are three main types of adoption: open adoption, closed adoption, and stepparent adoption.

A home study in an adoption case is conducted to assess the suitability of the prospective adoptive parents, ensure that they have the financial resources to raise a child, and provide them with information about adoption.

There are three main types of surrogacy: traditional surrogacy, gestational surrogacy, and commercial surrogacy.

A surrogacy agreement establishes the rights and responsibilities of the surrogate mother and the intended parents, protects the legal rights of the child born through surrogacy, and ensures that the surrogate mother is compensated for her services.

Assisted reproductive technology (ART) includes in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete intrafallopian transfer (GIFT).