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Family Law

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Family law is the broad area of law that governs domestic relationships and the legal issues that arise within families. It covers the formation, ongoing rights, and dissolution of family relationships, as well as the welfare of children.

Common matters include marriage and its requirements, divorce and legal separation, division of property between spouses, spousal and child support, child custody and parenting arrangements, paternity, adoption, guardianship, prenuptial and marital agreements, and protection from domestic abuse. Because these subjects are interconnected, a single family situation often raises several of them at once.

Key concepts a non-lawyer should understand include the 'best interests of the child' standard that guides decisions affecting children; the distinction between issues that the parties can usually agree on and those a court must decide; and the heavy reliance on negotiation, settlement, and sometimes mediation rather than trial. Family law outcomes also vary considerably depending on location.

People typically consult a family law attorney during major transitions or disputes, such as separating from a spouse, establishing custody or support, formalizing a relationship through agreement, pursuing adoption, or seeking protection in an abusive situation. Legal guidance helps individuals understand their rights and the questions a family matter must resolve.

Share of classified federal decisions

1861187519001925195019752000200730%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in family

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

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Sub-practice areas

More specific practice areas within Family Law — narrower topics that fall under it, each with its own page.

Related practice areas

Elder LawEstate Planning and Probate Law

Primary law

The governing U.S. Code, statutes and founding documents for Family Law.

Key definitions

Defined terms that recur in family law — each links to its dictionary entry.

DivorceCustodyAlimonyMarriageAdoptionGuardianshipPaternityEmancipationVisitationMatrimonyDomicileConsortium

Landmark cases (2)

Landmark cases are the Supreme Court decisions that defined or reshaped Family Law — establishing the controlling principles courts still apply. Current law leads; where a decision overruled an earlier landmark, the superseded case is shown beneath it.

Family Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • New York Marriages Previous to 1784 - Paperback
    New York Marriages Previous to 1784 - Paperback
    New York State Library
  • Parenting Together Apart: For the Nonresidential Parent - Paperback
    Parenting Together Apart: For the Nonresidential Parent - Paperback
    Jd Brette Sember
  • Divorce Amicably: Your Roadmap to Resolution - Paperback
    Divorce Amicably: Your Roadmap to Resolution - Paperback
    Tracy Ann Moore-Grant
  • Test Tube Families: Why the Fertility Market Needs Legal Regulation - Hardcover
    Test Tube Families: Why the Fertility Market Needs Legal Regulation - Hardcover
    Naomi R. Cahn
  • Taken Into Custody: The War Against Fathers, Marriage, and the Family - Paperback
    Taken Into Custody: The War Against Fathers, Marriage, and the Family - Paperback
    Stephen Baskerville
  • Prenuptial Agreements: How to Write a Fair & Lasting Contract - Paperback
    Prenuptial Agreements: How to Write a Fair & Lasting Contract - Paperback
    Katherine Stoner
  • The Divorce Survival Guide: The Roadmap for Everything from Divorce Finance to Child Custody - Paperback
    The Divorce Survival Guide: The Roadmap for Everything from Divorce Finance to Child Custody - Paperback
    Calistoga Press
  • Children and Families Act 2014 (c. 6) - Paperback
    Children and Families Act 2014 (c. 6) - Paperback
    United Kingdom Legislation
  • Mediating Child Custody Disputes: A Strategic Approach - Paperback
    Mediating Child Custody Disputes: A Strategic Approach - Paperback
    Donald T. Saposnek
  • Rainbow Wings - Paperback
    Rainbow Wings - Paperback
    R. R. Ford
  • The Guys' Guide to Separation and Divorce - Paperback
    The Guys' Guide to Separation and Divorce - Paperback
    Siobhan Mullins
  • The 2021 Edition of California Family Law Handbook for Paralegals - Paperback
    The 2021 Edition of California Family Law Handbook for Paralegals - Paperback
    Lw Greenberg Esq
  • The Politics of Child Protection: Contemporary Perspectives - Hardcover
    The Politics of Child Protection: Contemporary Perspectives - Hardcover
  • Family Law in Louisiana, First Edition 2009 - Hardcover
    Family Law in Louisiana, First Edition 2009 - Hardcover
    Katherine Shaw Spaht
  • Divorce Step by Step: A Practical Guide to Navigating the Challenges Ahead - Paperback
    Divorce Step by Step: A Practical Guide to Navigating the Challenges Ahead - Paperback
    René Vercoe
  • Ideas and Debates in Family Law - Paperback
    Ideas and Debates in Family Law - Paperback
    Rob George
  • Pennsylvania Marriages Prior to 1790: Names of Persons for Whom Marriage Licenses Were Issued in the Province of Pennsylvania Prior to 1790 - Paperback
    Pennsylvania Marriages Prior to 1790: Names of Persons for Whom Marriage Licenses Were Issued in the Province of Pennsylvania Prior to 1790 - Paperback
  • A Practical Guide to International Parental Child Abduction Law (England and Wales) - Paperback
    A Practical Guide to International Parental Child Abduction Law (England and Wales) - Paperback
    Onyója Momoh
  • The Prenup Prescription: Meet the Premarital Contract Designed to Save Your Marriage - Hardcover
    The Prenup Prescription: Meet the Premarital Contract Designed to Save Your Marriage - Hardcover
    Aaron Thomas
  • Winning Custody: A Woman's Guide to Retaining Custody of Her Children - Paperback
    Winning Custody: A Woman's Guide to Retaining Custody of Her Children - Paperback
    Deedra Hunter
  • Divorce Without Court: A Guide to Mediation and Collaborative Divorce - Paperback
    Divorce Without Court: A Guide to Mediation and Collaborative Divorce - Paperback
    Katherine Stoner
  • Results Matter - Paperback
    Results Matter - Paperback
    Sean Olson
  • From Madness to Mutiny: Why Mothers Are Running from the Family Courts - And What Can Be Done about It - Hardcover
    From Madness to Mutiny: Why Mothers Are Running from the Family Courts - And What Can Be Done about It - Hardcover
    Amy Neustein
  • High-Conflict Divorce for Women: Your Guide to Coping Skills and Legal Strategies for All Stages of Divorce - Paperback
    High-Conflict Divorce for Women: Your Guide to Coping Skills and Legal Strategies for All Stages of Divorce - Paperback
    Debra Doak

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.