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Upon divorce, marital property is divided under the principle of equitable distribution in most jurisdictions. This means that the division is intended to be fair and just, but not necessarily equal, with considerations such as the length of the marriage, contributions to the marriage, and financial circumstances of each party. However, in community property states, marital property is generally divided equally between the spouses.
Child custody decisions are made based on the best interests of the child, considering factors such as the child's health, safety, well-being, the child-parent relationship, and the parents' ability to provide for the child's needs.
Premarital contracts, also known as prenuptial agreements, must be entered into voluntarily, be in writing, and be fundamentally fair, not promoting divorce or leaving a spouse in financial straits after divorce. As a general rule, these agreements should include a full and fair disclosure of all assets and liabilities, though the exact requirements vary by jurisdiction and some jurisdictions permit parties to waive this disclosure requirement under certain circumstances.
For a court to have jurisdiction over a marital action, one of the parties typically must be domiciled or maintain a significant connection with the jurisdiction for a certain period of time prior to the filing.
Common law marriage requires that the parties have the capacity to marry, live together, hold themselves out as a married couple, and intend to be considered married, even without a formal ceremony or license.
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