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Fundamentals of Family Law

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Child Support

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Financial payments that a noncustodial parent must make to the custodial parent to contribute to child-rearing expenses. Guided by the Child Support Enforcement Act and state guidelines.

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Marriage License

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A document issued by a governmental authority that gives permission for a couple to marry. Requirements for obtaining a marriage license vary by jurisdiction.

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Termination of Parental Rights

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The legal process by which a parent's rights to their child are legally and permanently ended, typically in relation to adoption or child abuse cases. Governed by state statutes and the Adoption and Safe Families Act.

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Annulment

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A legal procedure that declares a marriage null and void as if it never occurred. Applicable laws may include state annulment statutes.

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Palimony

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A form of financial support similar to alimony paid to a former partner when a non-marital relationship ends. Not recognized in all states and based on the specifics of the partnership.

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Separate Property

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Property that belongs solely to one spouse, typically acquired before the marriage or as a gift/inheritance. Not usually divided upon divorce. Laws on this vary by state.

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Mediation in Family Law

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A process in which a neutral third party assists divorcing spouses in reaching a settlement. It's often encouraged or required by state laws to reduce court caseload and promote amicable solutions.

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Restraining Order

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A court order that can protect individuals from being physically or sexually abused, threatened, stalked, or harassed. Often used in cases of domestic violence and enforced through state laws.

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Divorce

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The legal dissolution of a marriage. Governed by state divorce statutes and potentially impacted by the Defense of Marriage Act for federal purposes.

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Equitable Distribution

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A legal principle for dividing property between spouses upon divorce, focusing on a fair, not necessarily equal, distribution. Governed by state laws.

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Legal Separation

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A court-approved arrangement where a married couple lives apart but remains legally married, often including agreements on support and custody. Governed by state laws.

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Marital Property

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Property acquired by either spouse during the course of a marriage which may be subject to division upon divorce. Governed by state marital property laws.

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Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

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A uniform law adopted by most states that establishes jurisdiction over child custody cases and provides for enforcement of custody orders across state lines.

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Parenting Plan

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A written document outlining how divorced or separated parents will raise their child, including custody arrangements and visitation schedules. Often required by state laws during divorce proceedings.

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Adoption

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The legal process by which an adult becomes the legal parent of someone who is not their biological child. Pertinent laws include the Adoption and Safe Families Act.

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Void Marriage

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A marriage that is legally considered invalid from the start due to circumstances such as bigamy or incest. Governed by state annulment or void marriage statutes.

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Child Emancipation

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The legal process by which a minor gains independence from their parents or guardians before reaching the age of majority. Governed by state emancipation statutes.

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Uncontested Divorce

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A divorce procedure in which both spouses agree on all issues pertaining to the dissolution of their marriage, resulting in a quicker and less expensive process. Subject to state-specific processes and requirements.

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Best Interest of the Child Standard

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A principle used by courts to determine custody and visitation rights, focusing on the child's well-being. Referenced in the Uniform Child Custody Jurisdiction and Enforcement Act.

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Community Property

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A form of joint property ownership for married couples, primarily used in some states, where all property acquired during the marriage is owned equally. Defined by statutes such as California's Community Property Law.

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Guardianship

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A legal status where a person is given the legal authority to make decisions for another person who is unable to make those decisions for themselves. Governed by state guardianship laws.

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Interstate Support

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Enforcement and modification of family support orders across state lines, governed by laws such as the Uniform Interstate Family Support Act (UIFSA).

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Judicial Separation

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A court order that instructs how a married couple will deal with assets, children, and other matters when living apart without formally ending the marriage. Governed by state laws.

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Surrogacy

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An arrangement where a woman agrees to carry a pregnancy for another person or a couple, who will become the newborn child's parent(s) after birth. Governed by varied state laws and surrogacy agreements.

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Alimony

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Financial support paid by one ex-spouse to the other after divorce. Governed by state laws, which can vary widely.

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Domestic Violence

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A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Covered under laws such as the Violence Against Women Act.

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Foster Care

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A system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver. Regulated by federal laws like the Adoption and Safe Families Act and state statutes.

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Grandparent Visitation

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The legal right of grandparents to visit their grandchildren, as recognized by state laws. The extent of these rights can vary widely from state to state.

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Paternity

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Legal acknowledgment of the parental relationship between a father and his child. Established through paternity tests or legal documents and governed by state laws such as the Uniform Parentage Act.

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Postnuptial Agreement

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A written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. Subject to state laws.

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Common Law Marriage

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A marriage that is recognized by law despite no formal ceremony or license, based on a couple's actions and intentions. Valid in only some states.

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Prenuptial Agreement

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A written contract entered into by a couple before marriage defining the division of assets and spousal support in the event of divorce. Such agreements are subject to state laws and must meet certain criteria to be enforceable.

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Fault Divorce

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A divorce where one spouse is required to prove that the other spouse's misconduct caused the marriage to fail. Laws vary by state, with some states not recognizing fault-based divorces.

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Cohabitation Agreement

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A legal agreement between a couple who lives together but is not married, outlining their rights and responsibilities. Not recognized in all jurisdictions.

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Child Custody

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Legal and practical relationship between a parent or guardian and a child, including the right to make decisions. Governed by state laws and international treaties such as the Hague Convention on the Civil Aspects of International Child Abduction.

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Voidable Marriage

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A marriage that appears valid but can be legally annulled if one of the parties challenges it for specific reasons, such as fraud or duress. Governed by state laws.

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Visitation Rights

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The legal right granted to a noncustodial parent to spend time with their child. Governed by state laws, which outline factors affecting visitation schedules.

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Parental Rights and Duties

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The rights and responsibilities associated with being the legal parent of a child, such as the right to make decisions regarding the child's welfare and the duty to provide financial support. Governed by state laws.

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Spousal Support

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Financial payments made to a spouse or former spouse under a separation or divorce agreement. Also known as alimony. Subject to state-specific laws and court determinations.

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Domestic Partnership

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A legal recognition of a relationship between two individuals who live together but are not married. Provides some rights similar to those of married couples. Recognized in some states and local jurisdictions.

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No-Fault Divorce

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A divorce where the filing spouse does not have to prove wrongdoing by the other spouse. Allowed in all states, but laws vary.

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Same-Sex Marriage

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The legal union between two individuals of the same gender. Recognized nationwide in the United States after the Supreme Court ruling in Obergefell v. Hodges.

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