Family Law Insights
Analysis and practical guides on family law.
15 articles, checklists, and guides on family law law, written by the attorneys at MC Law. Every piece is general information, not legal advice—for a specific matter, contact the firm.
Divorce and Dissolution: Grounds, Property Division, Support, and Custody
Divorce is where family law, property law, tax law, and federal benefits law all meet, usually in front of a judge with a crowded docket and two people who cannot agree. This article explains how no-fault grounds and residency requirements work, the difference between equitable distribution and community property and why it matters less than people think, how marital and separate property are identified and how separate property gets converted through commingling, how retirement accounts and pensions are actually divided and why a QDRO is a separate document, how spousal support and child support are calculated and modified, how custody is decided under the best interests standard, and how the interstate statutes keep one court in charge.
Obtaining and Enforcing a Protective Order
A protective order is available quickly, on limited evidence, and it can order a person out of their home, away from their children, and out of possession of their firearms within a day of the petition being filed. That combination of speed and consequence means the procedure is structured in two stages: an ex parte temporary order issued on the petitioner's affidavit alone, followed within days or weeks by a full hearing at which the respondent appears and contests. The relief available reaches well beyond a stay-away directive, and the federal full faith and credit provisions make an order entered in one state enforceable nationwide. This guide covers who qualifies, what relief to request, how to prepare and present the case, the firearm and immigration consequences, and how enforcement, modification, and renewal work.
Divorce and Property Division: A Practical Guide
A divorce is a lawsuit that divides a household, and most of its outcome is determined by two things: what the property is characterized as, and what the parties can prove about it. This guide covers the process and the substance. It starts with the threshold questions of residency, grounds, and the automatic orders that take effect on filing, then the financial disclosure obligation that is the foundation of every subsequent decision. It works through property characterization and division under both community property and equitable distribution systems, including the tracing and commingling problems that decide most contested cases, and the assets that require specialized treatment: the marital home, retirement accounts and the QDRO, closely held businesses, and deferred compensation. Later sections address spousal and child support, custody and parenting plans, the tax consequences that change the value of every settlement term, and the process alternatives to litigation.