1–10: Marriage and Divorce
A couple signs a prenuptial agreement but does not disclose all assets.
Implication: The agreement may be invalid due to a lack of full disclosure.
A spouse files for divorce citing irreconcilable differences.
Implication: This is a no-fault divorce, which means that neither party will be blamed.
One partner refuses to sign divorce papers.
Read Also:
- https://insightfullawhelp.com/20-family-law-issues-and-how-they-are-resolved/
- https://insightfullawhelp.com/30-divorce-and-custody-questions-answered-by-lawyers/
- https://insightfullawhelp.com/25-common-family-law-questions-answered-for-couples/
Implication: The court may grant a default judgment if the proper procedures are followed.
A spouse discovers hidden assets during divorce proceedings.
Implication: The court can punish the deceitful spouse and redistribute assets.
A couple wants to annul their marriage.
Implication: Annulment may be granted if fraud, coercion, or incapacity is proven.
A couple separates but remains legally married.
Implication: They must settle financial obligations and custody through legal separation agreements.
One spouse files for divorce after years of infidelity.
Implication: In fault-based divorce states, adultery may factor into property settlement or alimony.
A business is owned in common by spouses.
Implication: The business is divided under state law – community property or equitable distribution.
A couple divorces without deciding who will be responsible for paying debts.
Implication: Both spouses may remain liable to creditors, regardless of the divorce judgment.
A divorcing couple reconcile before the final judgment.
Implication: If both spouses reconcile, the case may be dismissed.
11–20: Child Custody and Support
A parent takes the child out of state without the other parent’s consent.
Implication: This might be a breach of custody orders and can prompt legal action.
Both parents want to be the sole custodian of their child.
Implication: The court will decide based on the child’s best interests.
A non-custodial parent ceases paying child support.
Implication: The custodial parent may seek enforcement via wage garnishment or legal sanctions.
A parent alleges the other is incapable due to substance abuse.
Implication: Courts can order supervised visitation or alter custody.
A child expresses a desire to live with one of the parents.
Implication: The court may take into account the child’s preference, depending upon the child’s age and maturity level.
A parent marries someone else and desires that person to adopt the child.
Implication: Adoption entails the termination of the other biological parent’s rights, either through voluntary relinquishment or court action.
Parents cannot agree on which school their child should attend.
Implication: Courts determine which parent to award custody and in whose best interest the child is.
Grandparent seeks visitation after parents divorce.
Implication: Courts may grant visitation if it is in the child’s best interest.
Parent with joint custody rarely shows up for visitation.
Implication: Other parent may seek to modify custody because of lack of involvement.
A parent wants to relocate for a job, affecting custody arrangements.
Implication: Relocation typically requires court approval to ensure it aligns with the child’s best interests.
21–30: Domestic Violence and Abuse
A spouse files for a protective order after threats of violence.
Implication: Courts can issue restraining orders to protect the victim.
A child reports physical abuse by a parent.
Implication: Child protective services may investigate, and custody can be modified.
A domestic violence victim wants emergency custody of their children.
Implication: Courts can provide temporary custody for the children’s protection.
A spouse who abuses the other commits a violation of a restraining order.
Implication: Violations may result in criminal charges or incarceration.
A parent alleges the other parent emotionally abuses the children in a custody battle.
Implication: Courts can order counseling or supervised visitation.
A domestic violence victim wants to have their address kept confidential.
Implication: Programs for addressing confidentiality may be provided to the victim.
A parent refuses to return the child after visitation.
Implication: This may constitute parental kidnapping and legal action might be taken against the parent.
A spouse harasses the other through texts while separated.
Implication: Harassment by digital means is a valid ground for a restraining order.
A partner falsely accuses the other of abuse in custody cases.
Implication: False allegations can damage credibility and lead to legal consequences.
A child experiences domestic violence in the home.
Implication: The presence of violence may affect custody decisions to protect the child.
Miscellaneous Family Law Issues
31–40
A couple cannot agree on religious upbringing for their child.
Implication: Courts generally respect parental rights unless the disagreement harms the child.
A parent refuses to follow a court-ordered custody schedule.
Implication: The other parent can seek enforcement or contempt charges.
A parent wishes to change the last name of their child following a divorce.
Implication: Courts may agree if it is in the best interest of the child and the other parent agrees.
A couple argues over ownership of a pet following separation.
Implication: Pets are considered property in most states and divided as such.
A couple uses mediation to settle divorce disputes.
Implication: Mediation can result in amicable agreements without long court battles.
A couple enters into a postnuptial agreement following marriage.
Implications: Courts affirm valid postnuptial agreements if entered into voluntarily.
A parent seeks sole custody because the other is incarcerated.
Implication: Courts tend to award sole custody to the parent who is not incarcerated.
A child support order doesn’t consider a major increase in one of the parent’s incomes.
Implication: The other parent can move to modify to consider the increased income.
A couple disputes how property, such as a joint vacation home, should be divided.
Implication: The court can order the property sold or give it to one party with compensation to the other.
A parent wants to homeschool their child, but the other disagrees.
Implication: Courts decide based on legal custody and the child’s best interests.
