Family law in the US: divorce and child custody

File a petition in the state court where you or your spouse meets the residency rule, pay the fee or ask for a fee waiver, and have your spouse formally served. Then share financial information, settle what you can, and a judge signs the final judgment. See How to file for divorce. California Courts · Texas State Law Library · Florida Courts, Form 12.901(b)(1)

It depends on the state. One spouse must have lived in California for 6 months and in the county for 3, in Texas for 6 months and in the county for 90 days, or in Florida for 6 months. New York usually requires 2 years, or 1 year with a tie to New York, such as marrying there. California Courts · Tex. Fam. Code § 6.301 · Fla. Stat. § 61.021 · N.Y. Dom. Rel. Law § 230

No. California, Texas, Florida and New York all have a no-fault ground, such as irreconcilable differences or an irretrievably broken marriage. If a spouse who was properly served does not respond, the case can go ahead by default. Cal. Fam. Code § 2310 · Tex. Fam. Code § 6.001 · Fla. Stat. § 61.052 · N.Y. Dom. Rel. Law § 170(7) · Texas State Law Library

Legal custody is the right to make important decisions about a child's health, education and welfare. Physical custody is about where the child lives. Each can be joint or sole. See Child custody. Cal. Fam. Code §§ 3003-3007

By the child's best interests. Every state has a law describing the factors, such as each parent's ability to care for the child, the child's ties to home and school, and any family violence. Child Welfare Information Gateway · California Courts

Usually the child's home state: where the child lived with a parent for the 6 months in a row just before the case was filed. The court that made an order generally keeps the power to change it. UCCJEA: Tex. Fam. Code §§ 152.201, 152.202 · Fla. Stat. § 61.514 · N.Y. Dom. Rel. Law § 76

Every state must have child support guidelines, and the amount they produce is presumed correct unless a judge finds in writing that it would be unjust or inappropriate. Your state or tribal child support agency can find the other parent, establish paternity, get an order and collect it. See Child support. 42 U.S.C. §§ 654(4), 667 · USAGov

Alimony, also called spousal support or maintenance, is money one spouse pays the other during or after a divorce. Each state sets its own rules: in California, support after a marriage of less than 10 years generally lasts half the length of the marriage, and Texas limits maintenance to 5, 7 or 10 years depending on the marriage. Under federal law, alimony under agreements made after 2018 is not deductible or taxable income. See Alimony. Cal. Fam. Code § 4320(l) · Tex. Fam. Code § 8.054 · IRS Topic No. 452

A prenup, or prenuptial agreement, is a written contract two people sign before they marry that sets out their property and financial rights if the marriage ends. In California, Texas and Florida it must be in writing and signed by both, can cover property and, within limits, spousal support, and may not adversely affect a child's right to support. See Prenups. Cal. Fam. Code §§ 1611, 1612 · Tex. Fam. Code §§ 4.002, 4.003 · Fla. Stat. § 61.079(3), (4)