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Family Law Principles

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Non-marital Property

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Non-marital property includes assets and debts that were owned by either spouse before the marriage or acquired individually through gifts or inheritance, generally not subject to division during divorce. Example: An heirloom from one spouse’s family would be considered non-marital property.

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Visitation

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Visitation refers to the right of a non-custodial parent to spend time with their child, as determined by a court order. Example: A standard visitation order might include weekends, certain holidays, and a portion of the summer vacation.

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Mediation

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Mediation is a process where a neutral third party helps spouses discuss and resolve issues during a divorce without going to court. Example: Mediation can address property division, child custody, and support arrangements.

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Spousal Support

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Spousal support, similar to alimony, is financial support paid by one spouse to another after separation or divorce to maintain a standard of living. Example: Spousal support can be temporary or permanent, depending on the circumstances of the divorce.

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Alimony

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Alimony refers to court-ordered financial support from one spouse to another after separation or divorce. Example: After a long-term marriage ends, one spouse may be required to pay alimony to support the other until they can become self-sufficient.

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Child Custody

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Child custody determines who has legal responsibility and authority over a child after a divorce or separation. Examples include joint custody, where both parents share decisions, and sole custody, where only one parent has this authority.

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Marital Settlement Agreement

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A marital settlement agreement is a written document that outlines how a divorcing couple has agreed to settle their affairs, including asset division, child custody, and support. Example: This agreement can simplify the legal process and minimize conflict in court.

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Joint Custody

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Joint custody is an arrangement where both parents share the decision-making responsibilities for the child, and in some cases, the child’s living time equally. Example: Joint custody is common when both parents are considered capable of providing a stable environment.

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Annulment

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An annulment declares a marriage legally invalid or void, as if it had never occurred. Example: Annulments may be granted in cases of bigamy, fraud, or if one party was underage.

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Prenuptial Agreement

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A prenuptial agreement is a contract entered into prior to marriage which outlines the division of assets and spousal support in the event of divorce. Example: Couples may agree on the separation of property and alimony terms before getting married.

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Guardianship

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Guardianship is a legal relationship where a person is appointed to make decisions for another person who is unable to do so for themselves, often a minor or someone incapacitated. Example: A grandparent may be appointed the guardian of a child if the parents are unable to care for them.

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Paternity

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Paternity is the legal acknowledgment of a parental relationship between a father and his child, which may affect custody and support. Example: Establishing paternity can be done through DNA testing or by signing a paternity acknowledgment form.

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Equitable Distribution

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Equitable distribution is a legal principle by which marital property is divided fairly, though not necessarily equally, during a divorce. Example: Equitable distribution considers factors like the length of the marriage and each spouse’s economic circumstances.

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Domestic Violence

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Domestic violence involves abuse or threats of abuse among members of the same household. Example: Domestic violence can include physical harm, intimidation, and emotional abuse between spouses or partners.

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Sole Custody

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Sole custody is when only one parent has the legal right to make significant decisions regarding the child's welfare, including education, health care, and religion. Example: Sole custody might be awarded if one parent is deemed unfit.

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Legal Paternity

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Legal paternity establishes the legal father of a child and brings with it rights and responsibilities, such as custody and support. Example: Signing a voluntary acknowledgment of paternity form at the hospital can establish legal paternity.

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Paternity Test

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A paternity test is a DNA test used to determine the biological father of a child, which can affect issues such as child custody and support. Example: A mother may request a paternity test to establish child support from an alleged father.

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Divorce

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Divorce is the legal dissolution of a marriage by a court or other competent authority. Example: No-fault divorces can be granted on grounds such as irreconcilable differences without blame on either party.

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Common Law Marriage

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Common law marriage is a legal recognition of a couple's relationship, despite not having formally registered their marriage. Example: In some places, couples are considered married if they live together and present themselves as husband and wife for an extended period.

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Surrogacy Agreement

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A surrogacy agreement is a contract where a woman agrees to carry and give birth to a child for another person or couple, who will become the child's legal parents. Example: Surrogacy is often used by couples unable to have children naturally.

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Child Support

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Child support is the ongoing financial support paid by one parent to the other to cover the child's needs after a separation or divorce. Example: A non-custodial parent might pay child support to the custodial parent.

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Legal Separation

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Legal separation involves a court-ordered arrangement where a married couple lives apart but remains legally married. Example: Legal separation may be sought for religious reasons or as a step before divorce.

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Collaborative Divorce

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Collaborative divorce is a legal process where spouses work with a team of professionals to reach a settlement without court intervention. Example: The team may include attorneys, child specialists, financial neutrals, and counselors.

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Emancipation

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Emancipation is the legal process by which a minor becomes self-sufficient and gains adult status before reaching the age of majority. Example: A teen might seek emancipation in order to legally separate from their parents and take responsibility for their own affairs.

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Palimony

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Palimony refers to court-ordered financial support paid to one partner by another after separating from a non-marital, cohabitative relationship. Example: Palimony may be awarded where one partner has made a significant financial sacrifice.

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Best Interest of the Child

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This principle states that all decisions regarding custody and visitation should prioritize the child's happiness, security, and development above all else. Examples include custody arrangements that provide stability and safety for the child.

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Postnuptial Agreement

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A postnuptial agreement is similar to a prenuptial agreement but is created after the wedding to outline how assets and debts will be handled in the event of divorce or death. Example: A couple may decide to draw up a postnuptial agreement after receiving a large inheritance.

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Adoption

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Adoption is the legal process through which an adult officially becomes the legal parent of a child who is not biologically their own. Example: A couple may adopt a child from an orphanage and gain all legal rights and responsibilities for the child.

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Marital Property

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Marital property refers to the assets and debts that a couple acquires during their marriage, which may be divided upon divorce. Example: Property and income earned during the marriage are typically considered marital property.

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No-Fault Divorce

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No-fault divorce allows a couple to divorce without the need to prove wrongdoing or fault by either party. Example: Irreconcilable differences are commonly cited as a reason for no-fault divorce.

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