What you get
- An editable Word document, drafted from your answers and the state's published law.
- A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
- It is filed with a court, so the notes include filing reminders for the court's own rules.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The parties and the court
- Our client (the spouse who files)
- The other spouse
- Court
- Both spouses' residence, domicile and venue facts
- Service information for the other spouse
The marriage
- Date of marriage
- Place of marriage
- Date of separation
The ground
- Ground for divorce
- Is there a signed separation agreement
- Facts supporting the ground
- Living in this state continuously since
- Anything else about residency to plead
- Was the marriage performed by a member of the clergy or a religious ceremony
- Any earlier divorce, custody or support case between these parties
- and 5 more
Children
- Minor children of the marriage
- Children
- Any child born to either party outside this marriage
- Custody requested
- Parenting time requested
- Request child support
What we are asking for
- Spousal support
- Ask the court to divide the marital property and debts
- Marital residence
- Who carries the health insurance now
- Ask for temporary relief while the case is pending
- Restore our client's former name
- Former name to restore
- and 1 more
Signature
- Signing attorney
Where it is offered
Every state Lawsmith has sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.
| State | Sources for this document |
|---|---|
| California | 26 |
| Connecticut | 32 |
| Delaware | 15 |
| District of Columbia | 25 |
| Florida | 11 |
| Maryland | 19 |
| Massachusetts | 28 |
| New Jersey | 17 |
| New York | 18 |
| Ohio | 17 |
| Pennsylvania | 36 |
| Texas | 20 |
| Virginia | 22 |
Among them, for New Jersey:
- N.J.S.A. 2A:34-2 Causes for divorce from bond of matrimony.
- N.J.S.A. 2A:34-10 Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.
- N.J.S.A. 2A:34-23 Alimony, maintenance.
- N.J.S.A. 2A:34-23.1 Equitable distribution criteria.
- N.J.S.A. 9:2-4 Custody of child; rights of both parents considered.
The law on file, state by state
What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.
California
- Cal. Fam. Code § 3020. Legislative findings; health, safety and welfare of children statute
The policy that the health, safety and welfare of children is the court's primary concern, and that children benefit from frequent and continuing contact with both parents where safe. Read with section 3011;
- Cal. Fam. Code § 3600. Temporary spousal support statute
The court may order temporary spousal support during the proceeding. Counties apply a local guideline formula to TEMPORARY support even though permanent support has none; check the local rule before estimating.
- Cal. Fam. Code § 4055. Statewide uniform child support guideline formula statute
California child support is a STATUTORY ALGEBRAIC FORMULA applied to the parties' net disposable incomes and the approximate percentage of time each parent has primary physical responsibility.
- Cal. Fam. Code § 2310. Grounds for dissolution or legal separation statute
California's grounds are IRRECONCILABLE DIFFERENCES causing an irremediable breakdown, or permanent legal incapacity to make decisions. There is no fault divorce; the word 'divorce' itself is DISSOLUTION here.
- Cal. Fam. Code § 2640. Reimbursement for separate property contributions statute
A party who contributed SEPARATE PROPERTY to the acquisition of community property is entitled to REIMBURSEMENT, without interest or appreciation, to the extent it is traced.
- Cal. Fam. Code § 3040. Order of preference in granting custody statute
The order of preference for custody: to both parents jointly or to either parent, then to the person in whose home the child has been living, then to another suitable person.
- Cal. Fam. Code § 3044. Presumption against custody where domestic violence found statute
Where a party has perpetrated domestic violence within the previous five years, there is a REBUTTABLE PRESUMPTION that an award of sole or joint physical or legal custody to that person is detrimental to the child.
- Cal. Fam. Code § 4058. Annual gross income defined for child support statute
Annual gross income for the guideline formula is INCOME FROM WHATEVER SOURCE DERIVED, less the subdivision (c) exclusions. Employee and self-employment benefits count only in the court's discretion.
- Cal. Fam. Code § 4320. Spousal support; factors statute
The factors for permanent spousal support, including earning capacity, the marketable skills of the supported party, contributions to the other's education, duration of the marriage, age and health, documented domestic…
- Cal. Fam. Code § 4336. Retention of jurisdiction; marriage of long duration statute
For a marriage of LONG DURATION, presumptively TEN YEARS OR MORE, the court RETAINS JURISDICTION indefinitely over spousal support unless the parties agree otherwise.
Connecticut
- Conn. Gen. Stat. § 46b-46. Notice to a nonresident party; jurisdiction for alimony and support statute
Notice to a nonresident party and when the court may enter alimony and support orders against one. Personal jurisdiction over a nonresident spouse is the issue to resolve before pleading financial claims.
- Conn. Gen. Stat. § 46b-56. Orders re custody, care, education, visitation and support of children statute
The court's authority over custody, care, education, visitation and support, decided on the BEST INTERESTS of the child, with the factors the section lists.
- Conn. Gen. Stat. § 46b-61. Orders re children where parents live separately statute
The court may make custody and support orders for children of parents who live separately without a dissolution action. The route for unmarried or separated parents.
- Conn. Gen. Stat. § 46b-84. Parents' obligation for maintenance of a minor child; health insurance statute
Both parents' obligation to maintain a minor child according to their abilities, and the order for health insurance coverage. The section also addresses support for a child over 18 still in secondary school.
- Conn. Gen. Stat. § 46b-45. Service and filing of complaint and appearance statute
How a dissolution proceeding is commenced, served and filed, including waiver of service. Match the draft complaint's service plan to this section and the court's current practice.
- Conn. Gen. Stat. § 46b-54. Appointment of counsel or guardian ad litem for a minor child statute
- Conn. Gen. Stat. § 46b-66a. Order re conveyance of title to real property; effect of decree statute
The court may order a conveyance of title to real property and record the decree, and the section states its effect on title. Pair it with section 46b-81's power to pass title directly;
- Conn. Gen. Stat. § 46b-215a. Commission for Child Support Guidelines statute
The Commission that issues and updates the guidelines. Confirm you are applying the current edition rather than a remembered one.
- Conn. Gen. Stat. § 46b-215b. Child support guidelines statute
Support is determined by the CHILD SUPPORT GUIDELINES, with a rebuttable presumption that the guideline amount is correct and written findings required to deviate.
- Conn. Gen. Stat. § 46b-40. Grounds for dissolution, legal separation and annulment statute
Connecticut's grounds. The one used in practice is IRRETRIEVABLE BREAKDOWN, which needs no waiting period of its own.
Delaware
- 13 Del. C. § 1504. Jurisdiction; residence; procedure statute
The Family Court's jurisdiction and the residence requirement, generally six months before the petition. Confirm the dates before promising a filing.
- 13 Del. C. § 1505. Divorce; marriage irretrievably broken statute
DELAWARE'S ONLY GROUND IS IRRETRIEVABLE BREAKDOWN with reconciliation improbable, shown by voluntary separation, separation caused by the respondent's misconduct or mental illness, or incompatibility.
- 13 Del. C. § 1507. Petition for divorce or annulment statute
What the petition must contain. Match the draft to the section and to the Family Court's current form requirements.
- 13 Del. C. § 1512. Alimony in divorce and annulment actions statute
Alimony goes only to a DEPENDENT PARTY, in the amount and for the time the court deems just on the statutory factors.
- 13 Del. C. § 1513. Disposition of marital property statute
Equitable division of MARITAL PROPERTY WITHOUT REGARD TO MARITAL MISCONDUCT, on the listed factors.
- 13 Del. C. § 1518. Decree in divorce or annulment proceedings statute
The decree, costs, notice of entry and the section's other effects. The procedural end of the case.
- 13 Del. C. § 1519. Modification or termination of decree or order; termination of alimony statute
Modification on a real and substantial change of circumstances, and TERMINATION OF ALIMONY on the death of either party, the recipient's remarriage, or the recipient's COHABITATION, unless the agreement provides…
- 13 Del. C. § 707. Consent to health care of minors statute
Who may consent to a minor's health care. Worth addressing in a parenting agreement so a caregiver is not turned away at a clinic.
- 13 Del. C. § 1502. Purpose; construction statute
The chapter's stated purpose and the direction that it be liberally construed to promote its underlying purposes, including mitigating the harm to spouses and children.
- 13 Del. C. § 1503. Definitions statute
The divorce chapter's defined terms, including marital property and separation. Read 'separation' closely; Delaware's no-fault route turns on it and spouses under one roof can qualify.
District of Columbia
- D.C. Code § 16–914.01. Retention of jurisdiction as to alimony, custody of children, and child support statute
After a judgment, decree or order granting custody, child support or alimony, the court retains jurisdiction to enter future orders modifying or terminating it, to the extent retention does not contravene other…
- D.C. Child Support Guideline Calculator (OAG Child Support Services Division) guidance
The District's official guideline calculator, run by the Child Support Services Division, which walks through each parent's ability to pay and the children's needs and is built on the D.C.
- D.C. Code § 16–904. Grounds for divorce, legal separation, and annulment statute
As amended by D.C. Law 25-115 and D.C. Law 25-311, subsection (a) grants a divorce on the assertion by one or both parties that they NO LONGER WISH TO REMAIN MARRIED, and (b) grants legal separation on at least one…
- D.C. Code § 16–910. Assignment and equitable distribution of property statute
In the absence of a valid antenuptial or postnuptial agreement resolving all property issues, the court must assign to each party that party's separate property acquired before the marriage or by gift, bequest, devise…
- D.C. Code § 16–916.01. Child Support Guideline statute
The guideline applies presumptively in establishment and modification cases, unless combined adjusted gross income exceeds $240,000, and subsection (b) requires the judicial officer, in every action for divorce or…
- D.C. Code § 16–916.03. Proceedings in which child support matters may be considered statute
The court may consider child support matters, as it deems appropriate, in any proceeding to determine the care and custody of a minor child.
- D.C. Code § 16–4602.09. Information to be submitted to court [UCCJEA] statute
In a child-custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, the places the child lived during the last five years and the persons the…
- D.C. Code § 16–906. Causes for absolute divorce arising after decree for separation statute
Where a legal separation has been decreed, the court may afterwards decree an absolute divorce for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree.
- D.C. Code § 16–914. Custody of children statute
The best interest of the child is the primary consideration; the court must make a determination as to both legal custody and physical custody and may order sole legal, sole physical, joint legal, joint physical or…
- D.C. Code § 16–916. Maintenance of spouse [or domestic partner] and minor children; maintenance of former spouse [or domestic partner]; maintenance of minor children; enforcement statute
This is the District's health-insurance and medical-support section: subsection (c-1) requires every support order to carry terms for each child's medical expenses whether or not insurance is available, (c-2) requires…
Florida
- Fla. Stat. § 61.13. Support of children; parenting and time-sharing statute
Section 61.13 governs child support and parenting plans. The 2026 comparison changes the history citation only; apply the operative requirements and exceptions to the actual facts.
- Fla. Stat. § 61.075. Equitable distribution of marital assets and liabilities statute
Florida begins from a PREMISE THAT THE DISTRIBUTION SHOULD BE EQUAL, and unequal division must be justified on the statutory factors.
- Fla. Stat. § 61.30. Child support guidelines statute
Support is set by the GUIDELINES SCHEDULE in this section, with a presumption that the guideline amount is correct and written findings required to vary by more than five per cent.
- Fla. Stat. § 61.021. Residence requirements statute
One party must have resided in Florida for SIX MONTHS before filing. Confirm the date before promising a filing; residence is proved by the means chapter 61 allows.
- Fla. Stat. § 61.052. Dissolution of marriage statute
Florida's grounds are IRRETRIEVABLE BREAKDOWN or the mental incapacity of a party adjudged incapacitated for the statutory period. There is no fault divorce to plead.
- Fla. Stat. § 61.076. Distribution of retirement plans statute
Retirement, pension, profit-sharing, annuity and deferred compensation plans acquired during the marriage are marital assets subject to distribution.
- Fla. Stat. § 61.13001. Parental relocation with a child statute
RELOCATION of 50 MILES OR MORE for at least 60 days requires either a signed written agreement of the parties or a petition and court approval, with a detailed notice procedure and specific content requirements.
- Fla. Stat. § 61.14. Enforcement and modification of support, maintenance, or alimony statute
Modification and enforcement of support and alimony, including on a substantial change of circumstances and on the supportive-relationship ground the section provides. The route for both enforcement and change.
- Fla. Stat. § 61.181. Depository for alimony and support payments statute
Payments generally run through the central depository, with the exceptions the section allows. Say in the agreement how payments will be made so the order matches.
- Fla. Stat. § 61.08. Alimony statute
FLORIDA ALIMONY IS A TYPED SYSTEM: temporary, BRIDGE-THE-GAP, rehabilitative and DURATIONAL. Permanent alimony was abolished in the 2023 reform.
Maryland
- Md. Code, Family Law § 12-204. Amount of child support obligation statute
The basic obligation comes from the schedule in subsection (e) and is divided between the parents in proportion to their adjusted actual incomes;
- Md. Code, Family Law § 7-103. Grounds for absolute divorce statute
Since the October 2023 amendments the only grounds are six-month separation (the parties having lived separate and apart for six months without interruption before filing, and parties who have pursued separate lives…
- Md. Code, Family Law § 9.5-209. Information to be submitted to court [UCCJEA] statute
In a child custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, the places the child lived during the last five years and the persons the…
- Maryland form CC-DR-020: Complaint for Absolute Divorce (Family Law § 7-103) official form
The Judiciary's Circuit Court complaint form, captioned to Family Law § 7-103, with the three current grounds, the residency allegation, the children and custody sections and the relief checkboxes.
- Maryland form CC-DR-033: Joint Statement of Parties Concerning Marital and Non-Marital Property (Md. Rule 9-207(b)) official form
Rule 9-207 requires the parties in a divorce or annulment where marital property is in dispute to file a joint statement listing each item of property, whether it is agreed to be marital under Family Law § 8-201, its…
- Md. Code, Family Law § 11-106. Amount and period of alimony award statute
The court determines the amount and the period of alimony, may award it from the filing of the pleading requesting it, and no further alimony accrues at the end of the period;
- Md. Code, Family Law § 11-110. Award of reasonable and necessary expense [alimony proceedings] statute
In a proceeding for alimony, alimony pendente lite, modification of alimony or enforcement of an alimony award, the court may order either party to pay the other's reasonable and necessary expense of prosecuting or…
- Md. Code, Family Law § 5-203. Parental rights and duties; custody statute
The parents are the joint natural guardians of their minor child and are jointly and severally responsible for the child's support, care, nurture, welfare and education with the same powers and duties;
- Md. Code, Family Law § 7-101. Residency requirement statute
- Md. Code, Family Law § 8-203. Determination of marital property statute
In an annulment or absolute divorce with a dispute over whether property is marital, the court decides which property is marital when it grants the divorce, or within 90 days after if it expressly reserved that power in…
Massachusetts
- Mass. Gen. Laws ch. 208, § 28. Children; care, custody and maintenance; child support statute
The court's authority over custody, support and maintenance of children, including support past eighteen for a child principally dependent and enrolled in an educational programme, to the section's age limits.
- Mass. Gen. Laws ch. 208, § 28A. Temporary care, custody and maintenance of minor children statute
Temporary custody and maintenance orders for minor children. Read with section 19 when seeking early relief.
- Mass. Gen. Laws ch. 209, § 32. Support, custody and maintenance orders where a spouse fails to support statute
The Probate and Family Court's authority to order support, custody and maintenance where a spouse fails to support the other or has deserted them, together with orders prohibiting restraint of personal liberty, without…
- Mass. Gen. Laws ch. 208, § 19. Pendency of action for divorce; custody of children statute
Temporary custody orders while the divorce is pending. The order that sets the shape of the case.
- Mass. Gen. Laws ch. 208, § 4. Causes for divorce; domicile of parties statute
The domicile and residence requirements for a Massachusetts divorce, read with section 5's exceptions. Confirm domicile and how long the parties have lived here before promising a filing.
- Massachusetts Probate and Family Court: Complaint for Divorce under section 1B (CJD 101B) guidance
Official court page identifying CJD 101B for a spouse seeking divorce for irretrievable breakdown under section 1B.
- Massachusetts Probate and Family Court: Get a no-fault 1B divorce guidance
Official Probate and Family Court guidance for a section 1B no-fault divorce. Step 2 distinguishes required initial filings (CJD 101B, marriage certificate or motion to file it late, R-408, conditional child disclosure…
- Mass. Gen. Laws ch. 208, § 1B. Irretrievable breakdown; complaint by one party statute
- Mass. Gen. Laws ch. 208, § 30. Minor children; removal from commonwealth prohibited statute
For a minor child of divorced parents who is native to Massachusetts or has resided there five years, and over whose custody and maintenance a probate court has jurisdiction, removal requires the child's consent if of…
- Mass. Gen. Laws ch. 208, § 31. Custody of children; shared custody plans statute
The custody definitions Massachusetts actually uses: SOLE LEGAL, SHARED LEGAL, SOLE PHYSICAL and SHARED PHYSICAL custody, with shared legal custody presumed at the temporary stage absent the findings the section…
New Jersey
- N.J.S.A. 2A:34-10 Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements. statute
Jurisdiction in an action for absolute divorce, divorce from bed and board, dissolution of a civil union or legal separation attaches when process is served as the Supreme Court rules prescribe and either party was a…
- N.J.S.A. 2A:34-23.1 Equitable distribution criteria. statute
In making an equitable distribution the court must consider the duration of the marriage or civil union, the parties' age and physical and emotional health, the income or property each brought to the marriage, the…
- N.J.S.A. 2A:34-73. Information to be submitted to court [UCCJEA] statute
Each party, in its first pleading or an attached affidavit, must state under oath the child's present address, every place the child has lived in the last five years and the persons the child lived with, and whether the…
- N.J.S.A. 9:2-4 Custody of child; rights of both parents considered. statute
In any proceeding involving custody of a minor child the rights of both parents are equal, and the court may order joint custody comprising legal or physical custody with residential arrangements and consultation…
- N.J.S.A. 2A:34-12.5. Attendance at program required; fee; exceptions [Parents' Education Program] statute
The court must order every person filing for divorce, nullity or separate maintenance in which custody, visitation or support of a minor child is at issue to attend the Parents' Education Program, in separate sessions…
- N.J.S.A. 2A:34-2 Causes for divorce from bond of matrimony. statute
Divorce from the bond of matrimony may be adjudged for adultery, willful and continued desertion for 12 or more months, extreme cruelty, separation in different habitations for at least 18 consecutive months with no…
- N.J.S.A. 2A:34-21. Surname statute
On or after granting a divorce or dissolution of a civil union, the court may allow either spouse or partner to resume any name used before the marriage or civil union, or to assume any surname.
- N.J.S.A. 2A:34-23 Alimony, maintenance. statute
Pending or after a matrimonial judgment the court may order alimony, maintenance and child support as the circumstances render fit, reasonable and just, require security including trusts for reasonably foreseeable…
- N.J.S.A. 2A:34-25 Termination of alimony. statute
Permanent and limited duration alimony terminates as of the date the recipient remarries or enters a new civil union, although arrearages accrued before that date are not vacated, and the recipient must promptly notify…
New York
- N.Y. Dom. Rel. Law § 240. Custody and child support; orders of protection statute
DRL 240 includes custody and the Child Support Standards Act. Subdivision (1-b)(h) prescribes nonwaivable advisement and presumptively-correct-obligation recitals for the covered agreements or stipulations presented for…
- New York Unified Court System: uncontested divorce forms packet (UD-1 et seq.) official form
The official uncontested divorce packet, including the Summons with Notice and Verified Complaint (UD-1, UD-2), the Affidavit of Service, the Affirmation of Regularity, the Child Support Worksheet, the Notice of…
- N.Y. Dom. Rel. Law § 230. Required residence of parties statute
An action to annul, declare void or divorce may be maintained only on one of five alternative residence bases, including the parties having been married in New York or having resided in New York as husband and wife with…
- N.Y. Dom. Rel. Law § 236 (Part B). Special controlling provisions; equitable distribution, maintenance, automatic orders, agreements statute
Section 236 contains Parts A and B with distinct applicability. Part B covers automatic orders, agreements and equitable distribution;
- N.Y. Dom. Rel. Law § 255. Notice of health care coverage statute
A court may not enter a final judgment of annulment or divorce, or a judgment of separation, unless the parties have been given notice, in a separation agreement or stipulation or in a written instrument or on the…
- N.Y. Dom. Rel. Law § 76-h. Information to be submitted to court [UCCJEA] statute
In a child custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, the places the child lived in the last five years and the persons the child…
- Child Support Services guidance
The New York City child support agency's description of what it does: establishing parentage, establishing support and medical support orders, collecting and distributing payments, and modifying and enforcing orders.
- N.Y. Dom. Rel. Law § 170. Action for divorce statute
Lists the seven grounds: cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, adultery, living apart pursuant to a decree of separation for six months, living…
- N.Y. Dom. Rel. Law § 237. Counsel fees and expenses statute
- 22 NYCRR § 202.16 (matrimonial actions) and § 202.16-a (automatic orders) court rule
Section 202.16 governs matrimonial practice in Supreme Court: the sworn Statement of Net Worth in the official form with the prior year's tax returns and a retainer statement, the required attachments to a request for…
Ohio
- Ohio Rev. Code § 3105.171. Equitable division of marital and separate property statute
OHIO DIVIDES MARITAL PROPERTY AND PRESUMES AN EQUAL DIVISION, with unequal division allowed only where equal would be inequitable and supported by written findings.
- Ohio Rev. Code § 3105.18. Awarding spousal support; modification statute
Ohio calls it SPOUSAL SUPPORT, not alimony, and there is NO FORMULA and no durational schedule: the court weighs the fourteen statutory factors including income, earning ability, ages, duration of the marriage and the…
- Ohio Rev. Code § 3119.02. Calculation of child support obligation statute
Ohio child support is computed under the statutory worksheet and schedule, with a rebuttable presumption that the calculated amount is correct. The number comes from the current schedule and the parties' figures;
- Ohio Rev. Code § 3103.03. Married persons' obligations of support statute
Each married person must support themselves, their spouse and their minor children out of their property or labour. The statutory duty behind an Ohio spousal and child support claim.
- Ohio Rev. Code § 3105.01. Causes for divorce statute
Ohio keeps FAULT GROUNDS and adds no-fault: bigamy, wilful absence for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, an out-of-state divorce, and…
- Ohio Rev. Code § 3105.011. Jurisdiction over domestic relations matters statute
The division of the court of common pleas that hears domestic relations matters and the scope of its jurisdiction, including full equitable powers. Confirm the right division before filing.
- Ohio Rev. Code § 3105.03. Venue statute
The plaintiff must have been an Ohio resident for at least six months before filing, and the section sets county venue on top of that. Confirm both the residence period and the correct county before promising a filing.
- Ohio Rev. Code § 3105.10. Judgment; separation agreement statute
The judgment dissolving the marriage, and the treatment of a SEPARATION AGREEMENT including provisions for children. Say expressly whether the agreement merges into the decree or survives it;
- Ohio Rev. Code § 3105.61. Dissolution of marriage statute
OHIO'S DISSOLUTION, which is a distinct proceeding from divorce: the spouses petition jointly with a complete separation agreement already signed, and both must appear.
- Ohio Rev. Code § 3105.63. Petition for dissolution; separation agreement statute
What the joint petition for dissolution must contain, including the separation agreement covering property, support and parental rights. An incomplete agreement means the dissolution route is not available yet.
Pennsylvania
- 23 Pa.C.S. § 3502. Equitable division of marital property statute
Equitable distribution WITHOUT REGARD TO MARITAL MISCONDUCT, on the listed factors: length of marriage, prior marriages, age and health and income and employability, contribution to the other's earning power,…
- 23 Pa.C.S. § 3301. Grounds for divorce statute
Pennsylvania's grounds. Fault grounds under (a) include desertion for a year, adultery, cruel and barbarous treatment, bigamy, imprisonment for two or more years and indignities.
- 23 Pa.C.S. § 3503. Effect of divorce on property rights generally statute
The decree terminates property rights that depend on the marital relation, except vested rights, unless the decree says otherwise.
- 23 Pa.C.S. § 3504. Disposition of property after termination of marriage statute
After the decree, each party may freely deal with their separate property unless the court ordered otherwise. Relevant to timing a sale or a refinance.
- 23 Pa.C.S. § 3507. Division of entireties property between divorced persons statute
Divorced spouses who held by the entireties hold as tenants in common in equal half shares unless the court orders otherwise, and either may sue for sale and division.
- 23 Pa.C.S. § 3707. Effect of death of either party statute
Alimony ends at the payee's death, and at the payor's death unless an agreement or order says otherwise. If a client is relying on alimony, raise life insurance security in the agreement.
- 23 Pa.C.S. § 4322. Support guideline statute
Support is set by the STATEWIDE GUIDELINE adopted by the Supreme Court by general rule, based on reasonable needs and the obligor's ability to pay, with a rebuttable presumption that the guideline amount is correct.
- 23 Pa.C.S. § 4323. Support of emancipated child statute
No support for an emancipated child, and the parents' marital status makes no difference to a child support order. Emancipation is fact-driven; do not assume turning 18 settles it.
- 23 Pa.C.S. § 4324. Inclusion of spousal medical support statute
The court may order a percentage of a spouse's reasonable and necessary health care expenses, and must order coverage where it is available at no cost or reasonable cost through employment.
- 23 Pa.C.S. § 4326. Mandatory inclusion of child medical support statute
Every child support order MUST include medical support where it is available at reasonable cost, and the section sets out the allocation of unreimbursed expenses and the National Medical Support Notice machinery.
Texas
- Tex. Fam. Code § 154.001. Support of child statute
- Tex. Fam. Code § 3.001. Separate property statute
SEPARATE PROPERTY is what a spouse owned before marriage, acquired during marriage by GIFT, DEVISE OR DESCENT, and personal injury recoveries other than lost earning capacity.
- Tex. Fam. Code § 6.301. General residency rule for suit for divorce statute
A party must have been a Texas domiciliary for the preceding SIX MONTHS and a resident of the county for the preceding NINETY DAYS. Confirm both before promising a filing.
- Tex. Fam. Code § 7.001. General rule of property division statute
The court divides the estate of the parties in a manner it deems JUST AND RIGHT. Texas is a COMMUNITY PROPERTY state: only community property is divisible, separate property may not be divided at all, and there is no…
- Tex. Fam. Code § 153.001. Public policy statute
The stated policy of assuring frequent and continuing contact with parents who act in the child's best interest. The framing the court applies to every conservatorship decision.
- Tex. Fam. Code § 153.134. Court-ordered joint conservatorship statute
The factors for ordering joint managing conservatorship and the requirement to designate which conservator has the exclusive right to determine the child's PRIMARY RESIDENCE.
- Tex. Fam. Code § 153.252. Standard possession order; rebuttable presumption statute
The STANDARD POSSESSION ORDER is presumed to be in the child's best interest and to provide reasonable minimum possession. Texas practice starts from this schedule; a parenting plan that departs from it needs a reason.
- Tex. Fam. Code § 3.002. Community property statute
Community property is everything acquired by either spouse during marriage other than separate property. The definition that decides what is divisible at all.
- Tex. Fam. Code § 3.003. Presumption of community property statute
All property possessed by either spouse at dissolution is PRESUMED COMMUNITY, and separate character must be proved by CLEAR AND CONVINCING EVIDENCE. The burden is the practical battleground;
- Tex. Fam. Code § 6.702. Waiting period statute
THE SIXTY-DAY WAITING PERIOD: the court may not grant a divorce until 60 days after the suit was filed, with narrow family-violence exceptions. Every Texas divorce timeline starts from this.
Virginia
- Va. Code § 20-103. Court may make orders pending suit for divorce, custody or visitation, etc. statute
Pendente lite the circuit court may compel spousal maintenance and health coverage, order payment of joint debts, award money to enable a spouse to carry on the suit, provide for custody and maintenance of the children,…
- Va. Code § 20-107.3 Court may decree as to property and debts of the parties statute
On the request of either party at dissolution or divorce from the bond of matrimony, or on the filing of a certified foreign decree under subsection J, the court determines legal title, ownership, and value of all…
- Va. Code § 20-108.1. Determination of child or spousal support statute
There is a rebuttable presumption that the § 20-108.2 guideline amount is correct, and rebutting it requires written findings in the order identifying the statutory deviation factors relied on.
- Va. Code § 20-108.2. Guideline for determination of child support statute
Sets the rebuttable-presumption schedule of basic child support obligations by combined monthly gross income and number of children, plus the sole, split and shared custody formulas in subsection G, health care…
- Virginia form CC-1426: Addendum for Protected Identifying Information (Confidential) official form
Protected identifying information (social security numbers, financial account numbers, birth dates) is removed from the complaint, petition, motion, order, decree or agreement and placed on this confidential addendum,…
- Va. Code § 20-107.1 Court may decree as to maintenance and support of spouses statute
In a proceeding under subsection L of § 16.1-241 or on entry of a decree of dissolution, a divorce from the bond of matrimony or from bed and board, a decree that neither party is entitled to a divorce, or separate…
- Va. Code § 20-146.20. Information to be submitted to court [UCCJEA] statute
In any child custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, every place the child has lived in the past five years and the persons…
- Va. Code § 20-60.3. Contents of support orders statute
Every order directing child support, and every spousal support order where there are minor children, including orders confirming separation agreements, must carry a long list of mandatory notices: income withholding,…
- Va. Code § 20-91 Grounds for divorce from bond of matrimony; contents of decree statute
Fault grounds are adultery occurring before the last separation, or sodomy or buggery committed outside the marriage;
- Va. Code § 20-96. Jurisdiction of suits for annulment, affirmance or divorce statute
Divorce, annulment and separate maintenance suits belong in the circuit court and are heard by the judge as equitable claims; there is no jury and no district-court divorce.
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More divorce & family documents
Marital Settlement AgreementParenting PlanCustody MotionFinancial AffidavitChild Support ModificationPrenuptial AgreementPostnuptial AgreementMotion for Rule to Show CauseName Change Petition