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Family Law & Divorce by State

State-level family law guidance on custody, support, filings, finances, and early records.

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Alabama Family Law & Divorce for Alabama readers: filing sequence, notice handling, and practical next moves Joint custody PRESUMPTION (§ 30-3-150): when either parent requests joint custody, court PRESUMES it's in child's best interest — burden on opposing party; joint legal + joint physical both presumed; parenting plan submission (§ 30-3-153) encouraged; Madison County (Huntsville/Redstone Arsenal) dual-career households = frequent joint custody framework cases Alaska A more practical Alaska Family Law & Divorce guide: custody friction, the process pressure that hides behind the rule, and clearer timing 30-day residency requirement for divorce (AS 25.24.900) — shortest in the US; equitable distribution; Alaska PFD counted as gross income for child support; CSSD (Anchorage) intercepts PFDs for child support arrears Arizona Family Law & Divorce in Arizona: what actually drives the file, the practical order that makes later choices cleaner, and what usually shifts earliest Covenant marriage (A.R.S. § 25-901): AZ is one of only 3 states offering it; divorce requires fault grounds or 2-year separation — vs. 60-day wait for standard AZ divorce Arkansas Arkansas Family Law & Divorce explained: what to sort out first, property timeline, and before leverage slips Arkansas divorce ACA § 9-12-301: no-fault ground = "general indignities rendering condition intolerable" (broadly interpreted; no separation required); OR 18-month continuous separation. Fault grounds: adultery/felony/habitual drunkenness 1yr/cruel treatment/personal indignities. Residency ACA § 9-12-307: 60 days. Covenant marriage ACA §§ 9-11-801 to 811 (one of 3 states with LA and AZ): requires pre-marital counseling; no-fault divorce NOT available; can only dissolve on specified grounds (adultery/felony/abuse/abandonment/2yr separation). Legal separation available (ACA § 9-12-312) — property + support + custody without dissolution. California California Family Law & Divorce Guide: custody friction, parenting schedule, and where the first pressure builds Community property: all assets and debts acquired during marriage belong 50/50 to both spouses at divorce Colorado Family Law & Divorce in Colorado: deadline control, household documents, and the first decisions that actually matter 'Parental responsibilities' not custody (§ 14-10-123): two components — decision-making responsibility (joint or sole) + parenting time schedule; NO presumption of equal time; best interests factors § 14-10-124; CFI/PRE appointed for contested cases Connecticut Family Law & Divorce for Connecticut: a clearer read on parenting schedule, notice handling, and what the file needs first Connecticut uses "dissolution" (not divorce); primary no-fault ground: irretrievable breakdown (CGS § 46b-40(c)); fault grounds still available (adultery/cruelty/desertion 3yr/intemperance/imprisonment) and fault = statutory factor in property distribution (§ 46b-81(c)) + alimony (§ 46b-82); residency: 12-month Connecticut domicile for at least one party (CGS § 46b-44) Delaware Family Law & Divorce in Delaware: what deserves review before response, household documents, and support records Delaware divorce: NO-FAULT ONLY (Del. Code Ann. tit. 13, sec. 1505); fault grounds ABOLISHED in 1974 (earlier than most US states); single ground = irretrievable breakdown of the marriage; fault conduct NOT a ground for divorce (may be considered in property division + alimony in limited circumstances). 6-MONTH SEPARATION REQUIREMENT: parties must live separate and apart for at least 6 months immediately before filing; "separate and apart" = decided to end marriage + ceased to cohabit as husband and wife (may be established while living in same residence if maintaining separate lives). Residency: at least 1 party must live in Delaware for at least 6 months before petition filed. Delaware equitable distribution (Del. Code Ann. tit. 13, sec. 1513): "just and reasonable manner"; NOT presumed 50/50; factors = length of marriage + prior marriages + age/health/station + employability/earning capacity + each party's estate + future capital/income opportunity + contribution to marital property acquisition (HOMEMAKER CONTRIBUTION explicitly listed) + separate property value + economic circumstances at time of division + tax consequences + other relevant factors. Delaware Family Court: New Castle County (900 King Street; Wilmington) + Kent County (254 East Main Street; Dover) + Sussex County (22 The Circle; Georgetown); EXCLUSIVE JURISDICTION = divorce + legal separation + annulment + custody + visitation + support + adoption + dependency/neglect + TPR + DV protective orders; ESTABLISHED 1971 (early specialized family court model). Florida Family Law & Divorce in Florida: the early file behind parenting schedule, filing sequence, and real next steps Equitable distribution (not community property): starts at 50/50 presumption but courts can deviate based on §61.075 factors Georgia Georgia Family Law & Divorce: early leverage, the timing points that turn a routine issue expensive, and the next review point worth slowing down for Georgia allows both no-fault (irreconcilable differences) and 12 fault grounds — adultery bars alimony for the adulterous spouse Hawaii Family Law & Divorce in Hawaii: why without sacrificing clarity for length, household documents, and the overlooked paperwork that changes strategy shape the opening strategy Hawaii "dissolution of marriage" (§ 580-41): ground = irretrievable breakdown (no required separation period before filing; court may continue up to 90 days if reconciliation possible — discretionary; rarely imposed over party objection). PARTNERSHIP MODEL property division (§ 580-47): starts from EQUAL 50/50 presumption for all marital property (acquired during marriage regardless of whose name) — court departs for "good cause shown" (respective merits + economic circumstances + children's needs + marital standard of living). STRONGER EQUAL SPLIT PRESUMPTION than typical equitable distribution states. Separate property excluded: pre-marital + gifts/inheritances from third parties during marriage. Military pension: USFSPA (10 U.S.C. § 1408) allows HI Family Court to divide military retired pay; Military Retired Pay Division Orders (MRPDOs) routinely issued in O'ahu Family Court (50K active-duty military on island). Military SCRA (50 U.S.C. §§ 3901): may delay dissolution proceedings against active-duty service members. Mediation encouraged before contested Family Court trials (all HI family law matters = judge-only; no jury trial right). Idaho Idaho Family Law & Divorce: property timeline, evidence timing, and when review matters Idaho = COMMUNITY PROPERTY STATE (1 of 9 US community property states; § 32-906). All property acquired during marriage by either spouse's labor = 50/50 community. Separate property: pre-marital + gift/inheritance from third parties during marriage + property traced to separate funds. Commingling risk: depositing separate funds into joint account → may lose separate character without tracing records. Community property divorce: equal 50/50 division (Idaho standard; NOT equitable discretion like NE equitable distribution). Equal division override = unconscionability standard (HIGH bar to depart from 50/50). Boise metro real estate in divorce: dramatic post-COVID appreciation → buyout calculations require current appraisal; refinancing at higher interest rates = practical challenge for buying-out spouse. Illinois A clearer Illinois Family Law & Divorce page: property timeline, support records, and before the record drifts No-fault only since 2016: irreconcilable differences is the sole ground; 6-month separation creates presumption Indiana Indiana Family Law & Divorce: filing sequence, record discipline, and when review matters No-fault only since 2019 (I.C. § 31-15-2-3): 'irretrievable breakdown' is the sole ground; fault cannot block divorce; 60-day minimum waiting period Iowa Iowa Family Law & Divorce explained: what actually drives the file, household documents, and before deadlines close options Varnum v. Brien 763 N.W.2d 862 (Iowa 2009): unanimous Iowa Supreme Court; Iowa Constitution Art. I § 6 equal protection; Iowa = 3rd state/1st Midwest state with same-sex marriage (6 years before Obergefell); rested on Iowa Constitution (not US Constitution) → could not be reversed by SCOTUS without federal ruling; 2010 retention election: Chief Justice Ternus + Justices Baker + Streit voted out (first Iowa Supreme Court retention defeat) — nationally funded campaign; Varnum stable post-Obergefell 2015. Kansas Family Law & Divorce in Kansas: where early mistakes cost the most, the review moments that actually change outcomes, and what usually shifts earliest Kansas divorce grounds KSA § 23-2701: (1) incompatibility (no-fault; UNILATERAL — no consent required, contrast MS); (2) failure of material marital duty; (3) incompatibility by mental illness/incapacity. Residency: 60 days (KSA § 23-2703; same as AR). Mandatory 60-day waiting period after petition filing (KSA § 23-2713; cannot finalize earlier even with agreement). Johnson County District Court (Olathe): highest-volume KS family docket; Garmin/Sprint/T-Mobile/financial services exec divorces; RSU valuations + deferred compensation + Johnson County suburban real estate. Military divorces: Ft. Leavenworth (Leavenworth County) + Ft. Riley (Geary County); USFSPA (10 U.S.C. § 1408) military retirement division. Kentucky Kentucky Family Law & Divorce: early leverage, the first questions that deserve a slower answer, and the next review point worth slowing down for Dissolution (not "divorce") — KRS 403.140: sole ground = IRRETRIEVABLE BREAKDOWN (no-fault; fault not required); 180-day state residency requirement; 60-day waiting period after filing before decree; contested dissolution = 1-3yr timeline; Family Court (KRS 23A.100) in most Kentucky counties; legal separation available (KRS 403.140(1)(b)) for insurance/religious reasons Louisiana Louisiana Family Law & Divorce: what to handle first around support records, custody friction, and timing Forced heirship (Civil Code Arts. 1493-1517): Louisiana ONLY US state; child under 24 OR permanently disabled child of ANY age CANNOT be disinherited; 1 forced heir = 1/4 estate; 2+ forced heirs = 1/2 estate; petition for reduction nullifies excess testament; CANNOT override by standard trust or gift strategy without specific statutory compliance Maine Maine Family Law & Divorce: what to handle first around household documents, parenting schedule, and timing Maine divorce: 19-A M.R.S. § 902; no-fault = "irreconcilable marital differences" (irretrievable breakdown; predominant basis; no fault required); fault grounds available but rarely used (adultery/extreme cruelty/desertion/alcoholism-drug addiction/non-support/mental illness/7yr commitment). Domicile requirement: at least one spouse domiciled in ME for 6+ months before filing. Property division: 19-A M.R.S. § 953; "just and equitable" standard (equitable distribution; NOT community property); factors = length of marriage + each spouse's contributions (economic + homemaking) + earning capacity + economic circumstances + marital vs. non-marital property classification + tax consequences. Non-marital property (pre-marriage or inherited/gifted) generally excluded from division but appreciation may be marital. LOBSTER FISHING LICENSE in Knox County divorce: Braun v. Braun, 2018 ME 122 (SJC; valuation methodology for commercial lobster business); licenses are NON-TRANSFERABLE (no sale market); business valued as going concern; personal vs. enterprise goodwill distinction. Trap boat (30-45 ft; $100K-$500K+) + 800 traps ($40K-$160K at $50-$200/trap) = marital property if acquired during marriage. Maryland Maryland Family Law & Divorce: why custody friction, parenting schedule, and decision sequencing matter early 2023 divorce reform: abolished limited divorce; reduced separation to 6 months (from 12); mutual consent = immediate divorce if settlement signed; fault grounds (adultery, cruelty) retained and affect alimony Massachusetts Family Law & Divorce in Massachusetts: the early file behind custody friction, property timeline, and real next steps Equitable distribution (M.G.L. c. 208 § 34): court may assign ANY asset including inherited/pre-marital property — 13 statutory factors; Massachusetts judges have broad discretion Michigan Family Law & Divorce for Michigan: a clearer read on filing sequence, decision sequencing, and what the file needs first No-fault only: 'breakdown of marriage relationship' is the sole ground; fault considered for spousal support and property, not divorce grant Minnesota Sorting out family law & divorce in Minnesota: household documents, early leverage, and what deserves review first NO waiting period for divorce (§ 518.09): fastest potential finalization in the Upper Midwest; uncontested cases can close in 4-6 weeks from filing; contested Hennepin/Ramsey County cases = 12-24 months; bifurcation (legal end of marriage while property pending) available Mississippi Mississippi Family Law & Divorce: parenting schedule, evidence timing, and when review matters Mississippi Chancery Court: EXCLUSIVE jurisdiction over family law (divorce/custody/property/adoption); 20 chancery districts; elected chancellors (4-year terms); equity/family law specialists — court of equity (not law). Irreconcilable differences REQUIRES BOTH SPOUSES' CONSENT (Miss. Code § 93-5-2); non-consenting spouse forces fault ground litigation. 12 enumerated fault grounds Miss. Code § 93-5-1: adultery/desertion 1yr/habitual drunkenness/drug abuse/cruel and inhuman treatment/incurable insanity (3yr confinement)/bigamy/premarital pregnancy without knowledge/incest/impotency/prohibited consanguinity. Residency: 6 months (Miss. Code § 93-5-5). Missouri Missouri Family Law & Divorce: property timeline, deadline control, and when review matters Equitable distribution (RSMo § 452.330): NOT 50/50 presumption; marital vs. separate property distinction; commingling can convert separate property; fault considered for maintenance/division conduct factors Montana Montana Family Law & Divorce strategy: support records, parenting schedule, and what actually drives the file Montana dissolution: Mont. Code Ann. sec. 40-4-104; NO-FAULT ONLY (irreconcilable differences/irretrievable breakdown; Montana eliminated all fault-based grounds when UMDA-modeled statute enacted); court virtually always grants dissolution if one spouse insists marriage is over (even if both spouses deny breakdown, court may find reconciliation impossible). 90-DAY RESIDENCY REQUIREMENT (shorter than most states' 6-month or 1-year requirement; at least one spouse domiciled in MT for 90 days before dissolution granted). Equitable distribution: Mont. Code Ann. sec. 40-4-202; factors = duration of marriage + age/health/occupation/income/employability of each spouse + contribution to marital property acquisition + value of separate property + economic circumstances; NOT presumed 50/50 (court has broad discretion). RANCH WATER RIGHTS in MT divorce: prior appropriation doctrine ("first in time, first in right"); water rights (decreed by Montana District Court Water Court; certificated by DNRC) = divisible marital property; value = hundreds of thousands of dollars depending on seniority + volume + reliability; requires water rights appraiser/hydrologist expert testimony. Marital property characterization: broad doctrine in long marriages -- appreciation of separate property may be marital if due to marital effort not passive market forces; Marriage of Pfeifer, 282 Mont. 461 (1997) = leading MT case. Nebraska Nebraska Family Law & Divorce: parenting schedule, notice handling, and when review matters Nebraska = EQUITABLE DISTRIBUTION state (NOT community property; common-law separate property; equitable ≠ automatic 50/50 but typically near-equal in long marriages). Marital property: income during marriage + property purchased with marital income + retirement accumulated during marriage + business built during marriage. Separate property: pre-marital + gifts/inheritance during marriage (can be considered in equitable analysis but generally excluded from division). Equitable factors: marriage duration + contributions + stations in life + economic circumstances + children's needs. QDRO for ERISA plans; NPERS DRO for NE state employee pensions; USFSPA (10 U.S.C. § 1408) for Offutt AFB military pensions + 10/10 rule for DFAS direct payment. 60-day mandatory waiting period between petition and final decree. Nevada Sorting out family law & divorce in Nevada: custody friction, notice handling, and what deserves review first Nevada = shortest divorce residency in continental US: 6 weeks (42 days) NRS § 125.020; only plaintiff need be NV resident. No-fault ground: "incompatibility" (NRS § 125.010(1)) — no separation period, no fault inquiry. Summary administrative dissolution NRS § 125.181: married <3yrs, no minor children, no real property, community property <$25K, no spousal support, both agree → clerk-processed, no hearing. Nevada divorce does NOT require a court appearance in uncontested cases. New Hampshire Family Law & Divorce in New Hampshire: where early mistakes cost the most, the filing discipline that keeps leverage intact, and what usually shifts earliest NH Family Division (RSA 490-D): family law handled by Superior Court justices assigned to family cases (NOT lower-level family court judges); all 10 counties have Family Division coverage; appeals go directly to NH Supreme Court (no intermediate appellate court). Divorce grounds (RSA 458:7): No-fault = irreconcilable differences (RSA 458:7-a; NO separation period required) OR voluntary separation 2yr. Fault grounds: adultery/extreme cruelty (physical or mental)/felony conviction + incarceration/injurious treatment/willful abandonment 2yr/habitual drunkenness 2yr/absence 2+yr. Equitable distribution with EQUAL DIVISION PRESUMPTION (RSA 458:16-a): "court shall PRESUMPTIVELY divide marital estate EQUALLY unless equal division would be inequitable." Deviation factors: marriage length + parties' age/health + occupational skills/employability + contributions (incl. homemaking/childcare) + economic value + fault causation + tax consequences + children's needs. NH marital property = all assets/liabilities acquired during marriage regardless of title. Pre-marital + gifts/inheritances = separate (excluded unless mixed). New Jersey New Jersey Family Law & Divorce: what to handle first around parenting schedule, property timeline, and timing No-fault divorce (irreconcilable differences, 2007): no separation period required; faster than pre-2007 law New Mexico New Mexico Family Law & Divorce: where the records that usually matter before the file settles changes how readers should frame the problem New Mexico = COMMUNITY PROPERTY STATE (Spanish colonial law tradition; 1 of 9 US community property states). All property acquired during marriage = 50/50 presumed community. Separate property: pre-marital ownership + gifts/inheritance during marriage (even from parents) + property acquired with separate funds (tracing required). Commingling/transmutation risk: depositing separate funds into joint account may convert to community. 50/50 equal division at divorce (or negotiated MSA). Retirement division: QDRO for ERISA plans; military pensions: USFSPA (10 U.S.C. § 1408) + 10/10 rule for DFAS direct payment (Kirtland AFB + White Sands military divorce population). New York Family Law & Divorce in New York: the early file behind household documents, custody friction, and real next steps No-fault divorce available since 2010 — 'irretrievable breakdown' for 6+ months; no spouse consent needed for the divorce itself North Carolina Family Law & Divorce for North Carolina: a clearer read on support records, record discipline, and what the file needs first Mandatory 1-year physical separation before absolute divorce — no exception for mutual agreement; reconciliation resets clock North Dakota Family Law & Divorce for North Dakota: a clearer read on parenting schedule, notice handling, and what the file needs first No-fault divorce available on irreconcilable differences (NDCC sec. 14-05-03); equitable distribution under the Ruff-Fischer guidelines; Bakken mineral rights and royalties earned during marriage are marital property requiring petroleum engineer valuation Ohio Family Law & Divorce in Ohio: notice handling, parenting schedule, and the first decisions that actually matter Incompatibility requires both spouses' agreement — if one objects, must use fault ground or 1-year separation Oklahoma A clearer Oklahoma Family Law & Divorce page: custody friction, property timeline, and before a quick answer becomes an expensive one Dissolution grounds: no-fault "incompatibility" (majority of cases) = no proof of misconduct required; fault grounds retained: adultery/abandonment 1yr/extreme cruelty/habitual drunkenness/gross neglect/imprisonment/insanity (tit. 43 § 101); 6-month residency requirement; 90-day waiting period if minor children involved (tit. 43 § 107.2); no wait for childless marriage; legal separation available (tit. 43 § 128) Oregon Family Law & Divorce in Oregon: why without flattening the problem into generic advice, custody friction, and the timing points that turn a routine issue expensive shape the opening strategy Oregon "dissolution of marriage" (NOT "divorce"): ORS 107.025 sole ground = "irretrievably broken"; NO fault grounds; NO waiting period; 6-month residency requirement; court can continue case up to 90 days if respondent contests and reconciliation possible (rare); stipulated judgment = most common resolution (negotiate all issues, present to court); legal separation available (ORS 107.485) for health insurance/religious reasons Pennsylvania A clearer Pennsylvania Family Law & Divorce page: support records, parenting schedule, and before deadlines close options Two no-fault pathways: mutual consent (90-day wait after filing) or 2-year separation (one spouse can proceed without consent) Rhode Island Family Law & Divorce in Rhode Island: where early mistakes cost the most, parenting schedule, and custody friction Rhode Island divorce: R.I. Gen. Laws sec. 15-5-2; FAULT + NO-FAULT grounds available. No-fault: irreconcilable differences + irremediable breakdown (most common). Fault grounds retained (historically Catholic political influence): adultery + extreme cruelty + willful desertion 5 years + willful neglect/refusal to provide 1 year + habitual drunkenness/drug use + impotency + living separate and apart without cohabitation 3 years. Residency: 1-year RI residency by at least one spouse (or marriage occurred in RI). Equitable distribution: R.I. Gen. Laws sec. 15-5-16.1; "just and equitable" proportions; factors = length of marriage + conduct during marriage (FAULT MAY BE CONSIDERED in RI property division) + each spouse's contribution to acquisition/preservation/appreciation + vocational skills/employability + health + income sources + future capital/income opportunity + custodian of dependent children + other relevant factors. NOT presumed 50/50; fault conduct (adultery/extreme cruelty) may affect division. RI Family Court: Garrahy Judicial Complex (1 Dorrance Street; Providence); satellite courts in Kent County/Warwick + Newport County/Newport + Washington County/South Kingstown; EXCLUSIVE JURISDICTION over all RI family law matters (divorce + custody + support + adoption + DV restraining orders + juvenile delinquency); established 1961. Marital vs. separate property: pre-marital + gift/inheritance to one spouse = separate; generally not subject to division; RI courts may consider separate property in overall equitable analysis. South Carolina Starting a family law & divorce issue in South Carolina: custody friction, property timeline, and before a quick answer becomes an expensive one No-fault divorce: 1-year continuous physical separation required (§ 20-3-10(5)); fault grounds: adultery, physical cruelty, habitual drunkenness/narcotics, 1yr desertion; SC has no zero-wait no-fault option; interim custody/support orders available during 1-yr period South Dakota Starting a family law & divorce issue in South Dakota: property timeline, support records, and before the record drifts South Dakota divorce: SDCL sec. 25-4-2; BOTH fault + no-fault grounds available; no-fault = irreconcilable differences (added 1985); fault grounds retained = adultery + extreme cruelty + willful desertion 1 year + willful neglect to provide for family + habitual intemperance (habitual alcohol or drug abuse) + felony conviction resulting in imprisonment; fault may affect property division + alimony analysis. Residency: SDCL sec. 25-4-30; 1 party domiciled in SD + 6-month residency before filing; divorce filed in circuit court of county where either party is domiciled. Equitable distribution: SDCL sec. 25-4-44; "just and equitable... having regard for equity and circumstances of the parties"; factors = length of marriage + property value at divorce + age/health/earning ability + contributions (including homemaker) + FAULT OF EITHER PARTY (SD considers marital misconduct in property division) + other relevant factors; NOT presumed equal but may approach 50/50 in long marriages with commingled assets. Alimony: SDCL sec. 25-4-41; to either spouse; factors = length of marriage + earning capacity + financial condition of each party + other relevant; rehabilitative (short-to-medium term; self-sufficiency) + permanent (long marriages; significant earning disparity); Rude v. Rude, 2009 SD 8 (SD Supreme Court; alimony modification standards). Legal separation: SDCL sec. 25-4-23; alternative to divorce; establishes property rights + support + custody without terminating marital status; sought by those with religious objections to divorce or for spousal health insurance preservation. Tennessee Tennessee Family Law & Divorce: document control, the timing points that turn a routine issue expensive, and the next review point worth slowing down for Equitable distribution (T.C.A. § 36-4-121): marital property divided by court based on statutory factors; separate property (pre-marital, inheritance, gifts) excluded Texas Family Law & Divorce in Texas: what deserves review before response, the process pressure that hides behind the rule, and what usually shifts earliest Community property but not mandatory 50/50: Texas courts divide 'just and right' — fault (adultery, cruelty) can shift the division Utah Family Law & Divorce in Utah: where the first pressure builds, the timing points that turn a routine issue expensive, and what usually shifts earliest Divorce: residency = 3 months (one of shortest in US; contrast: CT 12 months); grounds: irreconcilable differences (no-fault) + fault grounds (adultery/desertion/cruelty/drunkenness/felony); mandatory parent education course (§ 30-3-11.3): 4-hour course, both parents if minor children, within 60 days (petitioner) / 30 days (respondent); 30-day waiting period before decree entered (§ 30-3-18); mandatory mediation for contested custody (§ 30-3-39); legal separation (§ 30-3-4): available alternative for couples with religious objections to divorce Vermont Family Law & Divorce in Vermont: where early mistakes cost the most, the filing discipline that keeps leverage intact, and what usually shifts earliest Vermont divorce requires 6-month residency (15 V.S.A. sec. 592); no-fault ground of 6-month separation (sec. 551); equitable distribution; farm divorces require specialized dairy/agricultural appraisals for Addison, Franklin, and Caledonia county operations Virginia A more practical Virginia Family Law & Divorce guide: custody friction, the process pressure that hides behind the rule, and clearer timing Adultery: immediate ground for divorce under Code § 20-91; absolute bar to spousal support under § 20-107.1 (Blankenship v. Blankenship, 1988) Washington Washington Family Law & Divorce: where the timing points that turn a routine issue expensive changes how readers should frame the problem Community property (RCW 26.16.030): income/assets acquired during marriage = 50/50 community property by operation of law regardless of title West Virginia West Virginia Family Law & Divorce strategy: filing sequence, household documents, and what to sort out first WV divorce grounds: (1) Irreconcilable differences (§ 48-5-103) — NO separation period required; most common no-fault ground; (2) Voluntary separation 1 year (§ 48-5-201) — continuous + voluntary separation; used when one party contests irreconcilable differences; (3) Fault grounds (adultery/physical cruelty/cruel inhuman treatment/6-month desertion/felony conviction/habitual drug-alcohol use). Equitable distribution (§§ 48-7-101): NOT community property. Marital property = acquired during marriage (regardless of title); separate = pre-marital + gifts/inheritances + post-separation acquisition. Factors: marriage length/age-health/economic circumstances/contributions (incl. homemaker)/tax consequences/dissipation/prenuptial agreement. Coal country: UMWA 1974 Pension Trust (multi-employer defined benefit); federal black lung disability payments; WC permanent disability = major division assets; QDRO required for UMWA pension. Wisconsin Family Law & Divorce in Wisconsin: evidence timing, household documents, and the first decisions that actually matter Community property (WMPA, § 766.001 et seq., effective 1986): 50/50 presumption for all marital property — only Midwest/Great Lakes state with community property; equal ownership regardless of which spouse earned the income Wyoming Wyoming Family Law & Divorce: the early sequence that protects options, filing sequence, and without making the page read like a template Wyoming equitable distribution (not community property); 60-day residency requirement (§ 20-2-104); sole ground: irreconcilable differences (§ 20-2-105); District Court handles all divorces; BLM grazing permits and Wyoming water rights require specialized appraisal in agricultural divorces

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