Divorce

Custody
Usually, a divorce process will include decisions regarding custody, visitation, and child support of any minor children you have with your spouse. These issues may be decided through various court hearings, mediation, a child support agency, or an agreement between you and your spouse.

If you and your spouse can agree on a custody/visitation schedule, the judge will usually approve it as long as the judge agrees that it is in the best interests of the child. If you can’t agree on a custody/visitation schedule, you might be able to ask the judge for a temporary order while the divorce is pending. The final custody order will either be decided by the judge after a trial or by you and your spouse agreeing on your own or through mediation. Although many states are leaning towards shared custody, also known as joint custody, a judge may decide that one parent should have sole custody in certain circumstances. You can find more information on custody and visitation in your state, including what the judge will likely consider when evaluating the best interests of the child, by selecting your state from the drop-down menu on the left. When you go to your state’s specific Custody section, you will also find information on how abuse may be considered by the judge when deciding custody and visitation.

Child support
If your child lives with you most of the time, you should be able to ask for a temporary child support order while the divorce is pending. Most states have a specific formula that judges must follow when issuing child support orders. However, it’s possible that this same formula will not be applied for a temporary order. So, it might be helpful to have evidence about the monthly expenses related to the children so that you can make a compelling argument to the court. We have state-specific Child Support information for many states and territories, but not all.