Is family law the same in every state?

No. Grounds for divorce, custody standards, and support formulas are all set state by state, though the overall procedure — petition, temporary orders, discovery, settlement or trial — is similar everywhere.

Do I need a lawyer for family court?

For anything with real financial stakes or disagreement over children, generally yes. Many uncontested matters can be handled with self-help court resources or limited-scope representation.

What's the difference between family court and regular civil court?

Family court is a specialized division for domestic relations matters, often with more use of mediators and case managers and somewhat more relaxed procedures than a general civil docket.

Can I represent myself in family court?

Yes — this is common, especially for uncontested matters. Most states publish self-help forms and instructions specifically for this reason.

How does mediation work in family cases?

A neutral third party helps both sides negotiate a settlement without going to trial. Many states require an attempt at mediation for custody disputes before a judge will hear the case.

What if my ex and I agree on everything?

You can submit a marital settlement agreement or stipulated custody order for the judge to approve, typically without needing a trial.

Family Law

Legal information last reviewed: July 3, 2026

Family law covers the legal relationships within a family — marriage, divorce, custody, support, and adoption — and it's handled almost entirely at the state level in family or domestic relations court. If you're dealing with a specific issue, the more useful starting point is usually that topic directly (divorce, custody, support), but a few concepts run across the whole area.

What family court handles

Divorce and legal separation, custody and visitation, child and spousal support, paternity, adoption, guardianship, domestic violence protective orders, and prenuptial or postnuptial agreements all typically fall under family court's jurisdiction.

Marriage agreements

A prenuptial agreement can set out how property and debt will be divided if the marriage ends, but generally can't dictate child custody or support terms, since those belong to the child rather than the parents. A postnuptial agreement covers similar ground but is signed after the wedding.

Support obligations

Child support is typically calculated using a state formula based on each parent's income and the amount of time each spends with the child. Spousal support is more discretionary, weighed against factors like marriage length and income disparity.

How a family court case moves

Cases generally start with a petition or complaint, followed by temporary orders covering the interim period, discovery and negotiation, and either a settlement or a trial. Many states require or strongly encourage mediation before a judge will hear a custody dispute.

Records and privacy

Family court records are often somewhat more restricted than other civil case types, particularly anything involving children, though they're generally not fully sealed from the public.

When to hire a lawyer

Family law issues intersect with money, kids, and long-term obligations, so hire a lawyer whenever the other side already has one, a business or significant asset is involved, or a child's safety is part of the case.

Frequently asked questions

Is family law the same in every state?: No. Grounds for divorce, custody standards, and support formulas are all set state by state, though the overall procedure — petition, temporary orders, discovery, settlement or trial — is similar everywhere.
Do I need a lawyer for family court?: For anything with real financial stakes or disagreement over children, generally yes. Many uncontested matters can be handled with self-help court resources or limited-scope representation.
What's the difference between family court and regular civil court?: Family court is a specialized division for domestic relations matters, often with more use of mediators and case managers and somewhat more relaxed procedures than a general civil docket.
Can I represent myself in family court?: Yes — this is common, especially for uncontested matters. Most states publish self-help forms and instructions specifically for this reason.
How does mediation work in family cases?: A neutral third party helps both sides negotiate a settlement without going to trial. Many states require an attempt at mediation for custody disputes before a judge will hear the case.
What if my ex and I agree on everything?: You can submit a marital settlement agreement or stipulated custody order for the judge to approve, typically without needing a trial.

Family Law laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Divorce

How divorce works, what it costs, and the difference between contested and uncontested cases.

Child Custody

Custody types, how courts decide the best interests of the child, and modifying orders.

Adoption

The adoption process, home studies, consent, and finalizing a new legal parent-child relationship.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.