Family Law

Legal Parenthood and Parentage Few relationships are more important in family law than the relationship between a parent and a child. But the law does not always answer the question “Who is the parent?” simply by asking who is biologically related to the child. A person may be a biological Read more

Classification of Marital Assets and Debts When a marriage ends, dividing property is not the first legal question. The first question is: What property and debts actually belong in the marital estate? A couple may own a house, bank accounts, retirement funds, investments, businesses, vehicles, personal property, and digital assets. Read more

Equitable Distribution of Marital Property When a marriage ends, one of the most important legal questions is what happens to the property accumulated during the marriage. Who keeps the house? What happens to retirement accounts? How is a family business divided? Who is responsible for marital debts? Does one spouse Read more

Community Property Systems Marriage creates more than a personal relationship. In the eyes of the law, it can also create an economic relationship in which the spouses acquire, manage, owe, and ultimately divide property according to a particular legal system. One of the most important systems for determining marital property Read more

Separate Property vs. Marital Property: Classification, Commingling, and Tracing Introduction One of the most important property questions in a divorce is deceptively simple: Which property belongs to the marriage, and which property belongs separately to one spouse? The answer is rarely determined simply by whose name appears on a deed, Read more

Marital Property: Separate and Community Property Marriage creates more than a personal relationship. It can also create a legal and economic relationship in which property, income, debts, and financial contributions acquire consequences that may continue throughout the marriage and become especially important when the marriage ends. One of the central Read more

Divorce Mediation and Alternative Dispute Resolution Divorce does not necessarily have to be resolved through a courtroom battle. Although divorce is a legal proceeding, many of the disputes arising from the end of a marriage can be resolved through alternative dispute resolution (ADR). Mediation, negotiation, collaborative divorce, and, in some Read more

Divorce and Property Division Divorce does more than end a marriage. It can also require the legal division of property, debts, businesses, investments, retirement accounts, real estate, and other financial interests accumulated during the relationship. For many divorcing spouses, property division is one of the most consequential parts of the Read more

Contested vs. Uncontested Divorce Not every divorce proceeds in the same way. Some spouses agree that the marriage should end and are able to reach agreement about property, finances, children, and support. Their divorce may proceed as an uncontested divorce. Other spouses disagree about one or more important issues. Their Read more