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 of Divorce.
This applies 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 to or adopted by, both you and your spouse before or during the marriage.
For all children of the marriage, child support must be decided before the divorce is granted. If a child 20 years or younger marries, enters the military, or is at least 18 years old and self-supporting, the court may decide that the child is emancipated. An emancipated child is not entitled to child support. Proof must be submitted for the court to consider a child emancipated.
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 Judgment of Divorce.
You can 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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