When 1 of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the state for at least 6 months before filing for divorce. The divorce may be filed for in any of the following;  the county where the defendant resides,  the county where the spouses both resided at the time of their separation or the county where the plaintiff resides if the defendant is a non-resident of Alabama.

Grounds for Divorce

Grounds for No-Fault Divorce:

1. Irretrievable breakdown of the marriage

2. Complete incompatibility of temperament such that the parties can no longer live together

3. Voluntary separation for over 1 year

Grounds for General Divorce:

1. Adultery

2. Living separate and apart without cohabitation for over 2 years without the husband supporting the wife (divorce must be filed by wife)

3. Imprisonment (for over 2 years if the total sentence is over 7 years)

4. Unnatural sexual behavior before or after the marriage

5. Alcoholism

6. Drug abuse

7. Confinement for incurable insanity for over 5 years

8. Wife pregnant by another at the time of the marriage without the husband’s knowledge

9. Physical abuse or reasonable fear of physical abuse

10. Lack of physical ability to consummate marriage

Child Custody

Custody of any children of the marriage may be granted to either parent. Factors to be considered are:

1. The age and sex of the child

2. The safety and well-being of the child

3. The moral character of the parents.

The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. Alabama officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. Factors to be considered are:

1. Parental custody agreement

2. Parental cooperation

3. Parental ability to encourage love and sharing

4. Any history of abuse

5. Geographic proximity of parents

Joint custody may be awarded. However, if the wife abandons the husband and the children are over 7 years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.

Child Support:

Child support is one of the most contentious issues in family law, and Alabama child support issues are no exception. When dealing with Alabama child support, it is best if you have a good Alabama child support attorney to help you. But there are also some things which you can and need to know right up front about child support in Alabama, and the Alabama child support laws. While many people don’t realize it, most state child support laws are fairly fixed, and don’t take into account such things as what your or your ex’s actual child-related expenses are.

The child support laws of most states look at only a few factors, and you may find that your Alabama child support award takes into account only:

1. How much you earn

2. How much your ex earns

3. How many children you have

4. What percentage of time the children are under each parents care

Sometimes, although not often, a court will consider expenses which it may consider extraordinary, however that is the exception, not the rule. In most states, for example, the cost of dancing lessons, sports lessons, or other discretionary extracurricular activities, will not be taken into account when awarding child support.

Property Division

Under Alabama case law, Alabama is an “equitable distribution” state and the judge has full discretion to divide the any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage).

The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified.

Legal Grounds for Divorce

For No-Fault Divorce:

Incompatibility of temperament which has caused the irremediable breakdown of the marriage.

For General Divorce:

1. Adultery
2. Incurable mental illness and confinement for 18 months
3. Drug abuse
4. Failure to consummate marriage
5. Conviction of a felony
6. Willful desertion of over 1 year
7. Cruel and/or inhuman treatment
8. Personal indignities
9. Habitual drunkenness

Divorce Mediation Requirements

Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator.

Property Distribution

Alaska is an “equitable distribution” state. Both joint and separate property which has been acquired during the marriage will be divided in a “just” manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a “fault-based” divorce action, property acquired before the marriage may be divided also. In a “no-fault” dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties’ conduct regarding their assets
7. The desirability of awarding the family home to the spouse with primary physical custody of children
8. The time and manner of acquisition of their property
9. The income-producing capacity of the property and its value
10. All other relevant factors

Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered “community property” under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: (1) the nature and extent of the community property; (2) the nature and extent of the spouse’s separate property; and (3) the duration of the marriage.

Alimony / Spousal Support

Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:

1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties conduct regarding their assets
7. The division of the spouse’s property
8. All other relevant factors

Non-monetary contributions to the marriage (for example: home-making) are also considered.

Child Custody

Custody is determined with the best interests of the child in mind. Factors to be considered are:

1. The capability and desire of each parent to meet the child’s needs
2. the physical, emotional, mental, religious, and social needs of the child
3. The preference of the child (if the child is of sufficient age and capacity)
4. The love and affection between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. Any evidence of domestic violence, child abuse, neglect, or spousal abuse
8. Any evidence of substance abuse that affects the emotional or physical well-being of the child

Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].

Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:

1. The child’s needs and education
2. Any special needs of the child that may be better met by 1 parent
3. Any findings of a neutral mediator
4. The optimal time for the child to be with each parent
5. The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6. The advantage of keeping the child in the community where he or she presently resides
7. Whether shared custody will promote more frequent or continuing contact between the child and the parents
8. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9. The fitness and suitability of each of the parents (including any evidence of substance abuse)
10. Any history of violence by either parent
11. The preference of the child (if the child is of sufficient age and capacity)
12. The stability of the home of each parent
13. Any other relevant factors

Child Support

Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:

1. Especially large family size
2. Significant income of the child
3. Health or other extraordinary expenses
4. Unusually low expenses
5. The parent with the child support obligation has an income below Federal poverty level
6. Any other unusual circumstances

For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:

1. That an increased award is just and proper
2. The needs of the children
3. The standard of living of the children
4. The extent to which the standard of living of the children should be reflective of the parent’s ability to pay.

One of the spouses must have lived in the state at least 90 days before filing for dissolution of marriage. The divorce should be filed in the county in which the petitioner resides at the time of filing. There is also a 60-day waiting period after the service of process on the Respondent (or after the Respondent’s acceptance of service.

Legal Grounds for Divorce

• No Fault Divorce: Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapter 312].
• General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of a “standard” marriage in Arizona. However, Arizona recognizes what is termed a “covenant marriage,” which is presumably a higher standard of marriage. The grounds for dissolution of a covenant marriage are:
  1. Adultery
  2. Conviction of a felony which mandates imprisonment or death
  3. Abandonment for over 1 year
  4. Commission of domestic violence against spouse, child, or relative
  5. Living separately and continuously and without reconciliation for over 2 years
  6. Living separately for over 1 year after a legal separation is obtained
  7. Habitual use of drugs or alcohol
  8. Both spouses agree to a dissolution.

Legal Separation

Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a “covenant marriage,” the grounds for legal separation are the same as the grounds for a general dissolution of a “covenant marriage” listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage.

Divorce Mediation

Prior to filing for dissolution of marriage, either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After a dissolution of marriage has been filed, either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. Official forms for requesting this transfer are available from the clerk of any Superior Court. In addition, if 1 spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference. In addition, a judge may require spouses to attend conciliation conferences. Finally, there is a required delay of 60 days after the service of papers on the respondent spouse before any hearing may be held for a dissolution of marriage.

Property Distribution

Arizona is a “community property” state. Separate property is retained by the owner of the property. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property, and any destruction, concealment, or fraudulent disposition of community property in making the division. The court may place a lien upon a spouse’s separate property in order to secure payment of child support or spousal support. A special Notice regarding debts and creditors is provided by statute and must be included on any materials served to the respondent. In addition, at the request of either spouse, the court shall order the spouses to submit a “debt distribution plan” which allocates the responsibilities for debts. Forms for this are included in Arizona Revised Statutes; Title 25, Chapter 318.

Alimony and Spousal Support

Maintenance can be awarded to either spouse, if the spouse seeking maintenance:

1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through appropriate employment
3. Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home
4. Lacks earning ability in the labor market to adequately support himself or herself
5. Contributed to the educational opportunities of the other spouse
6. Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.

Marital misconduct is not a factor to be considered. The factors to be considered are:

1. The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse
2. The time for the spouse to acquire education and training for suitable employment
3. The spouse’s future earning capacity
4. The spouse’s standard of living during the marriage
5. The duration of the marriage
6. The ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other
7. The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse’s ability to meet his or her needs independently)
8. Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property
9. The comparative financial resources of the spouses including their comparative earning capacities
10. The age of the spouses
11. The physical and emotional condition of the spouses
12. The usual occupations of the spouses during the marriage
13. The vocational skills of the spouse seeking maintenance
14. The ability of both parties to contribute to the future educational costs of any children
15. Any other factors the court may deem just and equitable.

Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses.

Child Custody

In awarding custody, the court considers the best interests of the child and the following factors:

1. The preference of the child
2. The desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child’s adjustment to his or her home, school, and community
5. The mental and physical health of the child and the parents
6. The relationship between the child and the parents and any siblings
7. Any evidence of significant spouse or child abuse
8. Any coercion or duress in obtaining a custody agreement
9. Which parent(s) have provided primary care of the child.

No preference is to be given on the basis of the parent’s sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:

1. That neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody
2. That the parents can sustain an ongoing commitment to the child
3. That the joint custody agreement is logistically possible.

Grandparents and great-grandparents may be awarded visitation rights.

Child Support

Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:

1. The financial resources of the child
2. the standard of living of the child during the marriage
3. The physical and emotional needs of the child
4. The financial resources and obligations of both parents
5. Any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property
6. The needs of the child
7. The duration of parenting time and any related expenses.

Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school).

A spouse must reside in the state for 60 days to file for divorce and for 3 months before a divorce will be finalized. The divorce should be filed in the county of the plaintiff. However, if the plaintiff is a non-resident of Arkansas, the divorce may be filed in the county where the defendant resides. The venue requirements may be waived in Arkansas.

Legal Grounds for Divorce

1. No Fault Divorce: Voluntarily living separately without cohabitation for 18 months.
   [Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
2. General Divorce:
   1. Impotence
   2. Adultery
   3. Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
   4. Conviction of a felony
   5. Cruel and inhuman treatment which endangers the life of the spouse
   6. Personal indignities
   7. Habitual intemperance (drunkenness) for 1 year
   8. Commission and/or conviction of an infamous crime
   9. Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.

Legal Separation

Legal separation may be granted for the following reasons:

1. Impotence
2. Adultery
3. Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
4. Conviction of a felony
5. Willful desertion for 1 year
6. Cruel and inhuman treatment which endangers the life of the spouse
7. Personal indignities
8. Habitual intemperance (drunkenness) for 1 year
9. Commission and/or conviction of an infamous crime
10. Voluntary separation for 18 months
11. Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.

Simplified/Special Divorce Procedures

In an uncontested divorce, proof of a spouse’s residency, proof of separation, and proof of no cohabitation may be provided by a signed affidavit from a third party. In addition, in an uncontested divorce, proof of the grounds for divorce need not be corroborated by a third party.

Property Distribution

Arkansas is an “equitable distribution” state. All of the marital property acquired during the marriage is divided equally between the spouses. However, if the court finds the division to be unfair, it may redistribute the property, after consideration of the following factors:

1. The contribution of each spouse to the preservation, appreciation, or acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age, health, and station in life of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The federal income tax consequences of the court’s division of the property

The separate property of each spouse, consisting of property acquired prior to the marriage, and any gifts or inheritances, is retained by the spouse owning it, unless the court finds it necessary to divide the separate property in order to achieve an equitable distribution.

Alimony and Spousal Support

Alimony may be granted to either spouse in fixed installments for a specific period of time and subject to automatic termination upon the death of either spouse, remarriage of the receiving spouse, or the establishment by the receiving spouse of a relationship that produces a child or children. Where the grounds for divorce are voluntary separation for 3 years, fault may be considered in dividing the property. The factors for consideration specified in the statute are that the amount be reasonable based on the circumstances of the parties and the nature of the case. Alimony payments may be ordered to be paid through the registry of the court.

Child Custody

Child custody is awarded based on the welfare and best interests of the child, after a consideration of the following factors:

1. The circumstances of the parents and child
2. The nature of the case
3. Which parent is most likely to allow frequent and continuing contact with the other parent
4. Any acts of domestic violence

Joint or shared custody may been awarded if it is found to be in the best interests of the child. The sex of the parent is not a factor for decisions relating to child custody. A grandparent of a child may petition the court to request continuing contact with the child.

Child Support

In awarding a reasonable amount of child support, the court is to consider the following factors:

1. The circumstances of the parents and child
2. The nature of the case

Child support payments may be ordered to be paid through the registry of the court and the court may require that a bond securing payment be required. There is an official Arkansas Family Support guidelines chart which is presumed to be correct, unless the court finds that the amount would be inappropriate or unjust, considering the following factors:

1. Any necessary medical, dental, or psychological care or insurance
2. The creation or maintenance of trust fund for the child
3. Daycare expenses
4. Extraordinary time spent with the non-custodial parent
5. Any additional support provided by the parent obligated to pay support

This chart should be available from the Clerk of any Chancery Court. In addition, an official Affidavit of Financial Means must be filed with divorce cases which involve issues relating to child support.

A spouse filing for dissolution of marriage must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a “domestic partnership” under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.

Legal Grounds for Divorce

1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
   [Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
   [Annotated California Code; Section 2310].

Legal Separation
The grounds for obtaining a legal separation in California are:

1. Irreconcilable differences
2. Incurable insanity.

A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.

Simplified/Special Divorce Procedures

A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:

1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
   [On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved

Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.

Divorce Mediation or Counseling Requirements

When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation.

In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.

Property Distribution

California is a “community property” state. Any jointly-held property is presumed to be “community” property, unless it is clearly stated in a deed or written agreement that the property is “separate” property. Unless the spouses agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property.

In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse’s earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:

1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.

Alimony and Spousal Support

The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:

1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse’s earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable

Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).

Child Custody

Joint or sole custody may be awarded based on the best interests of the child and the following factors:

1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child’s health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances

Marital misconduct may also be considered. Custody is awarded in the following order of preference:

1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child

However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent’s sex. The court may order a parent to give the other parent 30-days’ notice of any plans to change the residence of a child.

Child Support

Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:

1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children’s needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending

A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:

1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order

The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.

One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.

Legal Grounds for Divorce

1. No Fault Divorce: Irretrievable breakdown of the marriage.
   [Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.

Legal Separation

If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.

Simplified/Special Divorce Procedures

A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:

1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers

A signed affidavit stating the facts in the case must be filed with the petition.

Divorce Mediation or Counseling Requirements

At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.

Property Distribution

Colorado is an “equitable distribution” state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse’s separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.

Alimony and Spousal Support

Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses’ combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse’s income less 50% of the lower-earning spouse’s income. If the spouses’ combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:

1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home

For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse’s ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities

Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.

Child Custody

Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:

1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child’s adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent’s past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs

Visitation may be restricted if there is a danger to the child.

Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:

1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child’s education
5. The child’s religious training, if any
6. The child’s health care
7. Finances to provide for the child’s needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child

The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:

1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent’s ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents

Child Support

The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:

1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.

The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.

Legal Grounds for Divorce

1. No Fault Divorce:
   1. Irretrievable breakdown of the marriage
   2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
2. General Divorce:
   1. Adultery
   2. Life imprisonment
   3. Confinement for incurable insanity for a total of 5 years
   4. Willful desertion and nonsupport for 1 year
   5. 7 years absence
   6. Cruel and inhuman treatment
   7. Fraud
   8. Habitual intemperance (drunkenness)
   9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
3. Legal Separation A legal separation may be granted on the following grounds:

1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year

There is no residency requirement noted in the statute.

Simplified/Special Divorce Procedures

Proof of the breakdown of the marriage can be made by:

1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property

Divorce Mediation or Counseling Requirements

Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.

Property Distribution

Connecticut is an “equitable distribution” state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage

Alimony and Spousal Support

Alimony may be awarded to either spouse, based on the following factors:

1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony

Child Custody

Joint or sole custody is awarded based upon the best interests of the child and the following factors:

1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice

There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.

Child Support

Either parent may be ordered to contribute child support, based on the following factors:

1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child’s occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents

Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.

One spouse must have been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.

Legal Grounds for Divorce

1. No Fault Divorce:
   1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
      • voluntary separation
      • separation caused by the other spouse's misconduct or mental illness
      • separation caused by incompatibility
   2. Living apart for 6 months because of incompatibility].

   [Delaware Code Annotated; Title 13, Chapter 1505].

2. General Divorce: Separation caused by mental illness.

Simplified/Special Divorce Procedures

The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.

Divorce Mediation or Counseling Requirements

In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified “parenting education course.” If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.

Property Distribution

Delaware is an “equitable distribution” state. A spouse’s separate property is that which is:

1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property

All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse’s personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court’s division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children

Alimony and Spousal Support

Either spouse may be awarded alimony if he or she:

1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment

Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.

Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse’s ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate

Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:

1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony

Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.

Child Custody

Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child’s adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child

The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent’s sex.

In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children’s rights. The list of rights must be included in the affidavit. The children’s rights are:

1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents’ decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other

Child Support

Each parent has an equal duty to support any children. The following factors are considered in awards of child support:

1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents

One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.

Legal Grounds for Divorce

1. No Fault Divorce: Irretrievable breakdown of the marriage.
   [Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
   [Florida Statutes Annotated; Chapter 61.052].

Legal Separation in Florida
A spouse may file for separate maintenance and child support.

Simplified/Special Divorce Procedures

Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:

1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken

The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.

Divorce Mediation or Counseling Requirements

If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.

Property Distribution

Florida is an “equitable distribution” state. The spouse’s non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse’s marital property may be divided on an equitable basis, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses

Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:

1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors

Alimony and Spousal Support

The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse’s share of marital assets and liabilities
9. Any other factor the court deems just and equitable

Alimony payments made be ordered to be paid through a state depository.

Child Custody

Joint or sole custody may be granted. Joint custody is referred to as “shared parental responsibility” and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:

1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors

No preference is to be given because of parent’s sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.

Child Support After Divorce

The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:

1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent’s income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable

Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.

The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.

Legal Grounds for Divorce

1. No Fault Divorce: Irretrievable breakdown of the marriage.
   [Code of Georgia Annotated; 19-5-3].
2. General Divorce:
   1. Impotence
   2. Adultery
   3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
   4. Alcoholism and/or drug addiction
   5. Confinement for incurable insanity
   6. Separation caused by mental illness
   7. Willful desertion
   8. Cruel and inhuman treatment which endangers the life of the spouse
   9. Habitual intemperance (drunkenness)
   10. Consent to marriage was obtained by fraud, duress, or force
   11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
   12. The wife was pregnant by another at the time of the marriage unknown to the husband
   13. Incest

Property Distribution

Georgia is an “equitable distribution” state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.

Alimony and Spousal Support

Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse’s desertion or adultery. The following factors are to be considered:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse’s separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.

Child Custody

Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:

1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent’s relationship with the child
6. The wishes of the child (considering the child’s age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse

There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.

Child Support

Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents’ ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:

1. The age of the children
2. A child’s medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent’s support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent’s own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses