Divorce: A Comprehensive Guide to Dissolution Property Division Support and Custody

78 questions on divorce, answered and cited by the UpLaw editorial team.

• Are there formulas for calculating alimony?
• Can a custodial parent move out of state with the children?
• Can a parent create custody jurisdiction by moving and waiting six months?
• Can I get an annulment because my spouse lied to me?
• Can I read my spouse's email or track their phone to gather divorce evidence?
• Can military retirement pay be divided in a divorce?
• Can parents agree to waive child support or trade it for parenting time?
• Can someone be jailed for not paying child support?
• Does a divorce decree awarding the house to one spouse remove the other from the mortgage?
• Does it matter which state I file for divorce in?
• Does marital fault still matter in a no-fault divorce state?
• How are retirement accounts divided in a divorce?
• How are stock options and RSUs divided in a divorce?
• How does domestic violence change a custody case?
• How does the UCCJEA decide which state hears a custody case?
• How does UIFSA handle interstate child support?
• How do forensic accountants find hidden assets in a divorce?
• How do I protect an inheritance in a divorce?
• How do shared-parenting overnights affect child support?
• How do you actually transfer stock options that a plan prohibits transferring?
• How is a closely held business valued in a divorce?
• How is a house one spouse owned before the marriage divided?
• How is child support calculated?
• How is intellectual property handled in a divorce?
• How long does child support last, and does it cover college?
• How long must I live in a state before filing for divorce?
• How should an equalizing payment be secured in a divorce settlement?
• How should divorce obligations be drafted so they can be enforced by contempt?
• Is alimony still tax deductible?
• Is a postnuptial agreement treated the same as a prenup?
• Is a professional degree or license marital property?
• Is income from separate property marital or separate?
• Is permanent alimony still available?
• Is there a federal law of divorce?
• Should I legally separate instead of divorcing to keep health insurance?
• What are automatic temporary restraining orders in a divorce?
• What are the different types of alimony?
• What are the financial disclosure obligations in a divorce?
• What are the five basic questions every divorce case has to answer?
• What are the highest-leverage principles in a divorce case?
• What are the most common ways people accidentally violate divorce restraining orders?
• What are the most expensive mistakes with dividing retirement accounts?
• What are the options for resolving a divorce without a trial?
• What are the three separate jurisdictional questions in a divorce?
• What can a prenuptial agreement never do?
• What clauses do divorce settlement agreements most often forget?
• What does “equitable” division actually look like in practice?
• What ethical rules are unique to family law practice?
• What factors determine the best interests of the child?
• What factors do courts consider in equitable distribution?
• What happens when separate property gets mixed with marital money?
• What income counts for child support, and when is income imputed?
• What is a QDRO and what must it contain?
• What is dissipation of marital assets, and how is it proven?
• What is the constitutional limit on third-party and grandparent visitation?
• What is the difference between active and passive appreciation of separate property?
• What is the difference between community property and equitable distribution states?
• What is the difference between divorce, annulment, and legal separation?
• What is the difference between enterprise and personal goodwill in a divorce?
• What is the difference between legal custody and physical custody?
• What is the difference between marital property and separate property?
• What is the difference between merging and incorporating a settlement agreement into the judgment?
• What is the double-dip problem in divorce business valuation?
• What is the firearms consequence of a domestic violence protective order?
• What is the retroactivity rule for modifying child support?
• What is the tax treatment of property transfers between divorcing spouses?
• What is transmutation of marital property?
• What parts of a divorce judgment can be modified later?
• What post-judgment tasks are most often forgotten after a divorce?
• What role does a custody evaluator play?
• What state-specific rules can invalidate a prenuptial agreement?
• What tax trap should divorcing couples watch for when selling the marital home?
• What tools exist to enforce a child support order?
• When is a prenuptial agreement enforceable?
• Why are property division and spousal support not interchangeable even when the dollars are the same?
• Why does the method of dividing a 401(k) matter so much?
• Why isn't a waiver in a divorce decree enough to cut off an ex-spouse's retirement benefits?
• Why should you read the LLC operating agreement before dividing a business in a divorce?