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.
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
- Our client
- The other spouse
- Our client is the
- Date of marriage
- Date of separation
Children and support
- Minor children
- Children
- Custody arrangement
- Who pays child support
- Child support per month
- What does the state's guideline produce
- If the agreed amount differs from the guideline, why
- and 1 more
Spousal support
- Spousal support
- Can the support be changed later
- Spousal support amount and duration
- Spousal-support payment and termination terms
Property and debts
- Marital home
- Home details
- Vehicles
- Bank and investment accounts
- Retirement accounts and pensions
- What kinds of retirement are being divided
- Debts
Insurance, college and taxes
- Children's health insurance and unreimbursed medical
- College or post-secondary expenses
- Life insurance to secure support
- Health insurance for the other spouse after the divorce
How the agreement was reached
- Have both parties exchanged financial disclosure
- Is the other spouse represented
- Tax matters
The decree
- How the agreement meets the final decree
- Attorney's fees and enforcement costs
- Default, notice, cure and unresolved-asset terms
- Releases, estate rights and beneficiary-designation changes
- Home transfer or sale mechanics
- Other terms
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 | 34 |
| Connecticut | 29 |
| Delaware | 27 |
| District of Columbia | 34 |
| Florida | 22 |
| Maryland | 27 |
| Massachusetts | 30 |
| New Jersey | 26 |
| New York | 23 |
| Ohio | 21 |
| Pennsylvania | 43 |
| Texas | 30 |
| Virginia | 27 |
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 § 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 § 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 § 770. Separate property of a married person statute
SEPARATE PROPERTY is what was owned before marriage, acquired during marriage by GIFT, BEQUEST, DEVISE OR DESCENT, and the rents and profits of separate property. Separate property is not divided.
- Cal. Fam. Code § 2550. Equal division of community estate statute
CALIFORNIA COURTS MUST DIVIDE THE COMMUNITY ESTATE EQUALLY in dissolution or legal separation, but the statute's own exceptions are part of the rule: the parties' written agreement, their oral stipulation in open court,…
- 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 § 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 § 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 § 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 § 4065. Stipulated child support statute
Court approval, five declarations for below-guideline stipulations, child-support-agency participation and public-assistance restrictions, and the separate modification rule. Do not fabricate the parties’ declarations.
- 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…
Connecticut
- 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-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-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-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-66. Review of a final agreement; incorporation into the decree; arbitration statute
The court REVIEWS a separation agreement for fairness and equity before incorporating it into the decree, and the section also covers arbitration of financial disputes.
- Conn. Gen. Stat. § 46b-81. Assignment of property and transfer of title statute
THE BIGGEST DIFFERENCE IN CONNECTICUT FAMILY LAW. Connecticut is an ALL-PROPERTY state: the court may assign to either spouse ALL OR ANY PART OF THE ESTATE OF THE OTHER.
- 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-54. Appointment of counsel or guardian ad litem for a minor child statute
- Conn. Gen. Stat. § 46b-56b. Presumption that custody with a parent is in the child's best interest statute
As between a parent and a third party, there is a presumption that custody with the parent serves the child's best interest, rebuttable as the section provides. The first question in any grandparent or third-party case.
- Conn. Gen. Stat. § 46b-56d. Relocation of a parent with a minor child; burden of proof statute
Relocation after a final order: the relocating parent bears the burden of showing the move is for a legitimate purpose, the location is reasonable in light of it, and the relocation is in the child's best interests.
Delaware
- 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. § 1513. Disposition of marital property statute
Equitable division of MARITAL PROPERTY WITHOUT REGARD TO MARITAL MISCONDUCT, on the listed factors.
- 13 Del. C. § 1520. Independence of provisions of decree or temporary order statute
Each provision of a decree or temporary order stands independently. Relevant when one part of an agreement or order is challenged; the rest does not necessarily fall with it.
- 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. § 1516. Hearings; use of masters; impoundment; assignment of counsel statute
How hearings are conducted, including the use of masters and impoundment of the record. Explains why a client's financial claims may be heard by a master.
- 13 Del. C. § 1521. Decrees of courts of other states and countries statute
Recognition of out-of-state and foreign decrees. The route where a client's existing order came from elsewhere.
- 13 Del. C. § 1522. Procedural rights statute
The procedural rights of the parties in a Delaware divorce proceeding. Read before assuming another state's practice carries over.
- 13 Del. C. § 701. Rights and responsibilities of parents; guardian appointment statute
Both parents' rights and responsibilities for a minor child, and the appointment of a guardian. The baseline behind any Delaware custody arrangement.
- 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. § 708. Affidavit of establishment of power to consent to medical treatment of minors statute
The statutory AFFIDAVIT by which a parent empowers another adult to consent to a minor's medical treatment. A practical document to prepare alongside a custody or caregiving arrangement.
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. Code § 16–916.01a. — Appendices to § 16-916.01 (Schedule of Basic Child Support Obligations; Worksheet A; Worksheet B) statute
Carries the three appendices the guideline runs on: Appendix I, the Schedule of Basic Child Support Obligations keyed to combined adjusted gross income and number of children and starting at the $12,382…
- 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 § 16–905. Revocation and enlargement of decree of legal separation statute
Subsection (a) lets the court revoke a legal separation decree at any time on the parties' joint application to be discharged from it, and subsection (b) lets the party who obtained the decree enlarge it to an absolute…
- 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 § 16–916.01. 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 § 46–204. Amendment of order establishing alimony, child support, or maintenance; award as money judgment statute
Subsection (b) is the enforcement keystone: an award of alimony, child support or maintenance is a money judgment that becomes absolute, vested and executable as each installment comes due, so arrears need no separate…
- 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…
- 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.
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. § 61.076. 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. § 61.11. Writs of ne exeat and other process to enforce orders statute
The enforcement process a Florida court may use on an order for alimony or support, including the writ of ne exeat. Read it with § 61.14 before choosing the vehicle for an enforcement motion.
- 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. § 61.30. 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. § 61.075. 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. § 61.14. 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. § 117.265. Online notarization procedures statute
Florida online-notary identity, location, recording, provider and certificate procedures. Subsection (9) addresses the effect of noncompliance;
- Fla. Stat. § 117.285. Supervising the witnessing of electronic records statute
Supervised electronic witnessing, including identity and location, questions and notices, vulnerable-adult restrictions and statutory exceptions.
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 § 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 § 8-103. Modification of deed, agreement, or settlement statute
The court may always modify provisions about the care, custody, education or support of a minor child if modification is in the child's best interests.
- Md. Code, Family Law § 8-105. Enforcement of deed, agreement, or settlement statute
Provisions merged into the divorce decree are enforceable by the power of contempt;
- 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…
- 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 § 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 § 8-101. Deed or agreement between spouses statute
Spouses may make a valid and enforceable deed or agreement relating to alimony, support, property rights or personal rights, and may make a valid and enforceable settlement of those subjects.
- 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…
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, § 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, § 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…
- Mass. Gen. Laws ch. 208, § 34. Alimony or assignment of estate; determination of amount; health insurance statute
Massachusetts is an all-property state: in addition to or in lieu of alimony, the court may assign to either spouse ALL OR ANY PART OF THE ESTATE OF THE OTHER.
- 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, § 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. 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, § 48. Definitions applicable to sections 49 to 55 statute
The Alimony Reform Act's definitions, including the FOUR FORMS OF ALIMONY: general term, rehabilitative, reimbursement and transitional.
- Mass. Gen. Laws ch. 208, § 49. Termination, suspension or modification of general term alimony statute
General term alimony carries HARD DURATIONAL LIMITS TIED TO THE LENGTH OF THE MARRIAGE, absent a written finding that deviation is required in the interests of justice: a rising percentage of the months of the marriage…
- Mass. Gen. Laws ch. 209C, § 1. Declaration of purpose; responsibility for support statute
Chapter 209C governs parentage, support and custody for children whose parents were never married, and declares those children entitled to the same rights and protections as any other child.
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. 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:34-2 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:34-25 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 Jersey Supreme Court July 31, 2025 omnibus rule amendment order court rule
July 31, 2025 amendment order effective September 1, 2025, preserved by the New Jersey State Library. Includes deleted-text brackets and unchanged-text placeholders;
- 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:34-23.1 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…
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…
- Child Support and Spousal Maintenance guidance
States that an income withholding order served on a member's employer before retirement does not carry over to pension payments, that a new order must be served on NYSLRS after retirement, and that NYSLRS can deduct…
- 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…
- 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.
- Draft a DRO Using the NYSLRS Template guidance
Describes the Comptroller's own domestic relations order template, how to obtain it and what has to be filled in, and warns that departures from the template slow or defeat approval.
- N.Y. Dom. Rel. Law § 237. Counsel fees and expenses statute
- Determining the Ex-spouse's Share guidance
Sets out the ways a NYSLRS benefit can be split, including the Majauskas formula, a fixed dollar amount, a straight percentage and a share computed on a hypothetical benefit frozen at the commencement date, and explains…
- Divorce and Your Benefits — Overview guidance
The Comptroller's guide for dividing a New York State and Local Retirement System benefit in a matrimonial action, indexing the pieces that a complaint and a settlement have to anticipate: service credit, loans,…
- The Domestic Relations Order guidance
Explains what a domestic relations order must do to be accepted by NYSLRS, that the judgment of divorce alone does not divide the pension, and that the order has to be submitted and approved.
- Violating the Terms of a DRO guidance
THE TERMS OF A DRO ON FILE SUPERSEDE ANY OTHER DESIGNATION. If a member elects a pension option or names a beneficiary in violation of a pre-existing DRO, separation agreement or stipulation, THE COMPTROLLER MAY, AT…
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 § 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 § 3105.10. 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 § 3105.18. 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 § 3109.04. Allocating parental rights and responsibilities; shared parenting statute
OHIO DOES NOT USE THE WORD CUSTODY EITHER. It allocates PARENTAL RIGHTS AND RESPONSIBILITIES, either to one parent as RESIDENTIAL PARENT AND LEGAL CUSTODIAN or through a SHARED PARENTING PLAN that a party must actually…
- Ohio Rev. Code § 3109.042. Custody rights of unmarried mother statute
The mother of a child born to unmarried parents is the sole residential parent and legal custodian until a court orders otherwise. Tell an unmarried father this before he assumes shared rights are the starting point.
- Ohio Rev. Code § 3109.051. Parenting time; companionship or visitation rights statute
Ohio says PARENTING TIME for a parent and COMPANIONSHIP for grandparents and relatives, with the statutory factors for each. Use the right term for the right person; they are different rights with different standards.
- Ohio Rev. Code § 3111.02. Establishing the parent and child relationship statute
How parentage is established in Ohio, which is the predicate to any support or parental rights order for unmarried parents. Resolve parentage before pleading the rest.
- Ohio Rev. Code § 3119.22. Deviating from schedule or worksheet statute
The court may order support that deviates from the calculated amount only where it finds the amount would be unjust or inappropriate and not in the child's best interest, and it must make the findings.
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. § 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. § 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.
- 23 Pa.C.S. § 5324. Standing for any form of physical custody or legal custody statute
Who may seek ANY form of custody: a parent, a person in loco parentis, a grandparent not in loco parentis who meets the listed conditions, and the others the section names.
- 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. § 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. § 5325. Standing for partial physical custody and supervised physical custody statute
Grandparents and great-grandparents may file for partial or supervised physical custody ONLY IN THE SITUATIONS LISTED, beyond section 5324.
Texas
- Tex. Fam. Code § 154.130. Findings in child support order statute
Findings in the support order are required for specified timely requests or a variance from percentage guidelines. The obligee-resource finding is required only if that evidence was offered.
- Tex. Fam. Code § 154.001. Support of child statute
- Tex. Fam. Code § 154.124. Agreement concerning support statute
Written support agreements remain subject to the child’s best interest. Support terms included in the order have judgment remedies, including contempt, and are not enforceable as a contract under this section.
- 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 § 6.602. Mediated settlement agreement statute
A MEDIATED SETTLEMENT AGREEMENT that contains the statutory bolded, capitalised, underlined statement that it is not subject to revocation, and is signed by the parties and their attorneys, is BINDING and a party is…
- 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 § 7.006. Agreement incident to divorce or annulment statute
The court may approve an AGREEMENT INCIDENT TO DIVORCE dividing property and providing for support, and the terms may be set out in the decree or incorporated by reference.
- 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 § 154.123. Additional factors for court to consider statute
Evidence and relevant factors for departure from the child-support guidelines; the statutory presumption must be addressed against the actual child and parents’ circumstances.
- 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.
Virginia
- Va. Code § 20-109 Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement statute
On petition the court may increase, decrease, or terminate the amount or duration of spousal support thereafter accruing, and it must terminate support on clear and convincing evidence that the payee has habitually…
- 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…
- Va. Code § 20-109.1 Affirmation, ratification and incorporation by reference in decree of agreement between parties statute
A court may affirm, ratify, and incorporate by reference any valid agreement between the parties, or provisions of one, in a decree dissolving the marriage, a divorce from the bond of matrimony or from bed and board, a…
- 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 § 20-124.1. Definitions [joint custody, sole custody, person with a legitimate interest] statute
Defines joint custody as joint legal custody, joint physical custody or any combination the court finds in the child's best interest, and defines sole custody and person with a legitimate interest.
- 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 § 20-124.2 Court-ordered custody and visitation arrangements statute
Custody and visitation, including support and maintenance of the children, must be adjudicated promptly and ahead of other issues in either circuit or district court, with pendente lite relief available under § 20-103…
- Va. Code § 20-124.3 Best interests of the child; visitation statute
Best interests, including for pendente lite orders under § 20-103, turn on ten factors: the child's age and physical and mental condition with due regard to changing developmental needs;
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