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Children in a Divorce Case

When there are children in a divorce case, issues of custody, visitation, and child support must be worked out before the Judge will sign the Judgment.

This does not apply to all children but only to "children of the marriage." Children of the marriage is a legal term that refers to any children who are 20 years old or younger and born or adopted by both you and your spouse (your husband or wife) before or during the marriage.

For all children of the marriage, child support must be decided before the divorce is granted.

For all children of the marriage 17 years old or younger, custody and visitation must be decided before the divorce is granted.

Custody, visitation, and child support can be handled as part of the divorce case itself. These issues will be decided as part of the divorce Judgment and may take some time.

You can also file for Family Court orders for custody, visitation, and child support before filing for a divorce. It is free to file in Family Court.

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