family-law

name	family-law
description	Family law skill for domestic relations matters. Use when the user needs assistance with divorce, custody, child support, alimony, prenuptial agreements, adoption, or domestic violence. Triggers on keywords like "divorce", "custody", "child support", "alimony", "prenuptial", "prenup", "visitation", "parenting plan", "adoption", "domestic violence", "restraining order", "marital property".

Family Law

This skill provides expert guidance for domestic relations matters including divorce, custody, and family formation.

Core Capabilities

1. Divorce/Dissolution

• Grounds and procedure
• Property division
• Spousal support
• Settlement negotiations

2. Child Custody

• Legal and physical custody
• Parenting plans
• Modification
• Relocation

3. Child Support

• Guideline calculations
• Deviation factors
• Enforcement
• Modification

4. Family Formation

• Prenuptial agreements
• Adoption
• Surrogacy
• Guardianship

Divorce Fundamentals

Grounds for Divorce

Type	Description	States
No-fault	Irreconcilable differences, irretrievable breakdown	All states
Fault	Adultery, cruelty, abandonment, etc.	Most states (optional)

Divorce Process

Filing Petition → Service → Response →
Temporary Orders → Discovery → Mediation/Settlement →
Trial (if needed) → Final Judgment → Post-Decree

Temporary Orders

• Temporary custody/visitation
• Temporary support (spousal and child)
• Exclusive use of residence
• Restraining orders (dissipation of assets)
• Attorney fees

Property Division

Marital vs. Separate Property

Marital Property (generally):

• Acquired during marriage
• Appreciation of separate property (active efforts)
• Commingled property
• Retirement benefits earned during marriage

Separate Property (generally):

• Owned before marriage
• Gifts and inheritances (to one spouse)
• Personal injury awards (pain and suffering)
• Property excluded by valid agreement

Distribution Systems

System	States	Approach
Equitable Distribution	~40 states	Fair, not necessarily equal
Community Property	AZ, CA, ID, LA, NV, NM, TX, WA, WI	50/50 presumption

Equitable Distribution Factors

1. Length of marriage
2. Age and health of parties
3. Income and earning capacity
4. Standard of living during marriage
5. Contributions to marriage (including homemaker)
6. Economic circumstances at division
7. Tax consequences
8. Custody arrangements
9. Dissipation of assets
10. Prenuptial agreements

Valuation Issues

Asset	Valuation Method
Real estate	Appraisal
Business	Income, market, or asset approach
Retirement	Present value of benefits
Stock options	Black-Scholes, intrinsic value
Professional degree	Varies by jurisdiction

Spousal Support (Alimony)

Types of Spousal Support

Type	Purpose	Duration
Temporary	During proceedings	Until final order
Rehabilitative	Enable self-support	Limited term
Bridge-the-gap	Transition period	Short-term
Durational	Set period	Varies
Permanent	Long-term marriages	Until death/remarriage

Factors Considered

1. Need of requesting spouse
2. Ability to pay of other spouse
3. Length of marriage
4. Standard of living during marriage
5. Age and health
6. Earning capacity and employability
7. Contributions to marriage
8. Marital misconduct (some states)
9. Tax implications
10. Any other relevant factors

Modification/Termination

• Substantial change in circumstances
• Cohabitation (varies by state)
• Remarriage (usually terminates)
• Death of either party

Child Custody

Custody Types

Type	Definition
Legal custody	Decision-making authority
Physical custody	Residential arrangement
Sole custody	One parent has custody
Joint custody	Shared custody
Primary residence	Where child primarily lives

Best Interest Factors

1. Wishes of parents
2. Wishes of child (age-appropriate)
3. Child's relationship with each parent
4. Child's adjustment to home, school, community
5. Mental and physical health of all parties
6. History of domestic violence
7. Parenting history and involvement
8. Stability and continuity
9. Ability to co-parent
10. Geographic proximity

Parenting Plan Elements

1. LEGAL CUSTODY
   - Joint or sole
   - Decision-making categories (education, healthcare, religion, activities)
   - Dispute resolution mechanism

2. PHYSICAL CUSTODY / TIME-SHARING
   - Regular schedule
   - Holiday schedule
   - Summer/vacation schedule
   - Transportation arrangements

3. COMMUNICATION
   - Child's contact with non-residential parent
   - Parent-to-parent communication methods
   - Technology/video calls

4. RELOCATION
   - Notice requirements
   - Distance triggers
   - Procedure for objection

5. MODIFICATIONS
   - Circumstances requiring review
   - Dispute resolution process

Relocation

Common Requirements:

• Advance written notice (30-60 days typical)
• Consent of other parent or court approval
• Good faith reason for move
• Best interest analysis
• Modified parenting plan

Child Support

Income Shares Model (Majority)

1. Determine each parent's gross income
2. Calculate combined income
3. Apply guideline schedule for number of children
4. Allocate proportionally based on income percentage
5. Adjust for parenting time
6. Add mandatory add-ons (healthcare, childcare)
7. Apply deviations if appropriate

Income Considerations

Included: Wages, salary, commissions, bonuses, self-employment, investments, rental income, Social Security, unemployment, workers' comp, pensions

Imputed Income: If voluntarily unemployed or underemployed

Common Deviations

• Extraordinary medical expenses
• Educational expenses
• Travel costs for visitation
• Shared parenting time credits
• Other children obligation
• Extraordinary income

Duration

• Generally until age 18 (or 19 in some states)
• May extend for college (varies by state)
• May extend for disabled child
• May terminate upon emancipation

Enforcement

• Wage withholding
• Tax refund intercept
• License suspension
• Contempt proceedings
• Credit reporting

Prenuptial Agreements

Enforceability Requirements

1. Written and signed
2. Full financial disclosure
3. Voluntary execution
4. Not unconscionable
5. Independent counsel opportunity
6. Executed before marriage
7. No fraud, duress, or overreaching

Common Provisions

• Property characterization
• Property division upon divorce
• Spousal support waiver/limitation
• Death provisions
• Business protection
• Debt allocation
• Sunset clauses

Void/Voidable Provisions

• Child custody (court decides based on best interest)
• Child support (cannot waive)
• Provisions promoting divorce
• Unconscionable terms

Adoption

Types of Adoption

Type	Description
Agency	Through licensed agency
Private	Direct from birth parents
Stepparent	Spouse of custodial parent
Relative	Kinship adoption
Foster care	From foster system
International	From foreign country

General Process

1. Home study
2. Matching/placement
3. Termination of parental rights (if needed)
4. Consent(s) obtained
5. Placement period
6. Finalization hearing
7. New birth certificate

Consent Requirements

• Both biological parents (unless rights terminated)
• Child (if certain age, typically 12-14)
• Agency (if involved)
• Court approval

Domestic Violence

Protective Orders

Type	Duration	Process
Emergency	24-72 hours	Ex parte, immediate danger
Temporary	10-30 days	Ex parte, pending hearing
Final	1-5 years	After hearing, renewable

Relief Available

• No contact order
• Stay-away order
• Exclusive possession of residence
• Temporary custody
• Firearm surrender
• Counseling requirement
• Support orders

Integration with Other Skills

• litigation: Trial practice, motion practice
• legal-research: State-specific law research
• document-drafting: Agreements and pleadings
• tax-law: Tax implications of divorce
• real-estate: Property transfers

Reference Files

For detailed guidance:

• references/parenting-plans.md - Sample parenting plan provisions
• references/property-division.md - Asset valuation and division
• references/support-calculations.md - Support guideline worksheets