Family Law Video

Marriage Law Video Guide



Marriage is a private bond between two people, but it is also an important social institution. Most states define marriage as a civil contract between a man and a woman to become husband and wife.
The moment a man and a woman marry, their relationship acquires a legal status. Married couples have financial and personal duties to each other during marriage and after separation or divorce. State laws determine the extent of these duties. As the U.S. Supreme Court said about marriage in 1888: "The relation once formed, the law steps in and holds the parties to various obligations and liabilities."

Money matter during Marriage Law Video Guide



In signing an agreement, a spouse agrees to have his or her property rights and support obligations determined by the agreement rather than by the usual rules of law that a court would apply on divorce or death. An agreement can give the spouse more or less than state law allows. In most states, courts divide property as the court considers fair, and the result is less predictable: The split could be fifty-fifty or something else. If one spouse dies, courts normally follow the instructions of that person's will, but in most states the surviving spouse is entitled to one-third to one-half of the estate regardless of what the deceased spouse's will says. If the husband and wife have signed a valid premarital agreement, that agreement will supercede the usual laws for dividing property and income upon divorce or death. In many cases, the less-wealthy spouse will receive less under the premarital agreement than he or she would receive under the usual laws of divorce or wills.

Children Law Video Guide



If one person in the marriage wants a child and the other does not, that could be a basis for a divorce. A disagreement on such a fundamental issue could be an irreconcilable difference under the no-fault divorce laws of most states. In states that have grounds for divorce based on someone being at fault, a disagreement on the question of whether to have children could be viewed as mental cruelty, and thus a basis for ending the marriage.

Separation Law Video Guide



A legal separation allows the husband and wife to live separately and formalize the arrangement by a court order or a written agreement. The order or agreement will specify what support, if any, one spouse will pay the other. If the husband and wife have minor children, the agreement or court order will set out arrangements regarding custody or visitation.

Divorce Law Video Guide



A divorce or dissolution of marriage is a decree by a court that a valid marriage no longer exists. It leaves both parties free to remarry. The court will award custody, divide property, and order spousal and child support.

Alimony Law Video Guide



Alimony, maintenance, or spousal support is money paid from one spouse to another for day-to-day support of the spouse with fewer financial resources. Sometimes alimony also can be used to pay back a debt.

Annulment Law Video Guide



An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud or misrepresentation. For example, one person may have not disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children. Annulment may also be granted for bigamy, incest, or marriage to an underage person.

Custody Law Video Guide



Child custody is the right and duty to care for a minor child on a day-to-day basis and to make major decisions about the child. In sole custody arrangements, one parent takes care of the child most of the time and makes major decisions about the child. In joint custody arrangements, both parents share in making major decisions, and both parents also might spend substantial amounts of time with the child.