Article · Family Law
Dividing a Life: How Divorce Courts Actually Split Property, Income, and Time
28 U.S.C. § 1738
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-09-26
- Topic
- Family Law
Divorce is the only litigation most people will ever be party to, and it is the one where the outcome depends least on argument and most on documentation. This article explains what a divorce court is actually doing when it divides property, sets support, and allocates parenting time, and why those three decisions run on different logics. It covers the shift to no-fault and what fault still does. It explains the characterization problem — marital versus separate property — that determines more outcomes than any valuation dispute, and how commingling and transmutation work. It covers spousal support and why the modern question is compensatory rather than moral. It covers child support guidelines and the deviation arguments that actually succeed. It covers custody, the best interests standard, and what courts really weigh. It covers retirement division and the QDRO that must be entered separately. It closes with the disclosure obligation, temporary orders, and the settlement that resolves ninety-five percent of these cases.
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