By FindLaw Staff | Legally reviewed by Melissa Bender, Esq. | Last reviewed June 26, 2023
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Laws around divorce and custody matters can vary widely. When and how you may file for divorce can differ from one state to the next. Understanding your state's divorce laws and parental rights is important before going ahead.
Contemplating a divorce is a major decision. It brings up many questions, especially if you have minor children. How is child support calculated in your state? How are visitation rights decided?
When considering a custody case, the family court will look at what is in the best interests of the child or children. They will want to disrupt the child's life as little as possible and preserve the child's relationship with each parent. In some states, if your child is of a certain age, they may consider the child's preference for where the child lives.
There are many types of child custody.
Courts prefer to grant both parents joint physical and legal custody when appropriate.
While one or both parents will often have legal and physical custody rights, it's not always the case. One parent may have sole legal custody while the other has physical custody of a child. The family court will look at what custody arrangement is in the child's best interests.
A custody agreement includes with whom the child will live and what decisions a parent may make on their own or if they must consult the other parent. This can consist of major issues about school, medical care, or how the child is raised.
If the parents cannot agree on a parenting plan or there are custody disputes, a judge may appoint a guardian ad litem (GAL) for the children. Some states use the term best interests attorney (BIA) instead of guardian ad litem. The GAL's job is to protect the needs of the child and be their voice in court. A GAL may also be appointed when there are allegations of child abuse or domestic violence in the marriage.
The judge may order a custody evaluation in these situations. A mental health professional will look at the parents' homes and each parent's ability to care for the child or children. They will recommend a parenting agreement and who should have primary custody of the child.
In addition to custody issues, you have other important decisions to make. Dividing your marital property and assets can vary by which state you live in. Not all states follow community property rules, so you must know how your state will address property division.
Below are links to information about divorce and child custody laws in all 50 states and the District of Columbia. Click on your state for information about:
Meeting with a lawyer experienced in family law can help you understand your options. Only an attorney can give you legal advice and help you protect your rights. Find a divorce attorney near you to help.
If you have experienced domestic violence in your marriage or feel unsafe in your home, don't hesitate to call an attorney. Navigating a divorce or separation becomes more difficult and dangerous. Know your rights before making custody decisions or finalizing a divorce.
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