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Family Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

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0
Q

Name 8 states that were community property states

A

Arizona, California, New Mexico, Texas, Washington, Idaho, Louisiana, Nevada

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1
Q

Original marriage laws based upon …

A

English common law

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2
Q

Year of first organized women’s rights movement

A

1848 Seneca falls NY

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3
Q

Second rights movement year

A

Beginning in 1960’s

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4
Q

Fourteenth amendment on marriage

A

Marriage is a fundamental right Under due process clause and under equal protection clause you cannot restrict an individuals choice of marriage based on racial classifications

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5
Q

Consanguinity

A

Blood related

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6
Q

Affinity

A

Related through/by marriage

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7
Q

States allowing same sex marriage

A 
Connecticut & District of Columbia
Massachusetts
Maine
Maryland
New Hampshire
New York
Iowa
Vermont & Washington
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8
Q

First state to legalize gay marriage

A

Massachusetts

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9
Q

Doma meaning

A

Defense of marriage act:
States don’t have to allow same gender marriage

States don’t have to recognize same sex marriages from other states

In the us the federal def of marriage is 1 man and 1 woman

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10
Q

Three elements to common law marriage

A

Mutual agreement to become husband and wife
Cohabitation
Reputation in the community as husband and wife

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11
Q

What miscegenation laws intent was

A

To presence tea ail
Integrity
Prevent corruption of bloodline

And the obliteration of white pride

Also that marriage has always been left up to the states to regulate

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12
Q

What did Loving v. Virginia argue

A

The freedom to marry has long been recognized as one of the vital personal
Rights to the orderly pursuit of happiness by free men

Marriage is one of the basic civil rights of man fundamental to our existence and survival

Deprives the lovings of liberty without due process of law in violation of due process clause of 14th ammedment

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13
Q

Rational basis test

A

In order for a state law to be constitutional there has to be some rational reason got the state to do what it is doing

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14
Q

Strict scrutiny test

A

In order for a state law to be constitutional there has to be a rational reason AND it has to be the least restrictive thing they can do. No better way

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15
Q

Fundamental right is what scrutiny?

A

Strict scrutiny. If it’s now a fundamental right it’s non fundamental rational test

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16
Q

Things to do to ensure a prenup is validated

A

Otherside must have lawyer and you pay for it with no limits and same quality

Has to be signed 30days before weddings and before invitations and deposits

Over disclosure of assets.

At least two drafts and one purposely has mistakes to ensure they read it.

Leave something out a party asked for to ensure they can’t say they didn’t negotiate. One major change they requested.

Save all drafts to show it wasn’t “here we go sign this”

Signing party: videotaped by court reporter to prove they were happy and competent and it was voluntary. Read over each paragraph

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17
Q

Covenant marriage

A

Must have pre marital and post marital counseling
Waive right to no fault divorce
And show fault

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18
Q

What is in answer to petition

A

1) admit or deny allegations
2) make own allegations
3) yes or no for prayer & relief
4) ask for what you want

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19
Q

What 7 things must be decided in order to avoid court in a divorce

A

1) division of assets
2) division of debts
3) spousal maintenance/alimony
4) all issues of legal decision making for children
5) parenting time for children
6) child support
7) decisions about attorney fees and costs

20
Q

Temporary orders can’t be filed until you file divorce and may include:

A

Legal decision making, child support/spousal support, use or possession of marital assets

21
Q

Any debt acquired during marriage is community property except:

A

Pre marital assets
Pre marital debts
Gift & inheritances
Marital waste

22
Q

An asset and a debt are?

A

An asset is something you own

A debt is something you owe

23
Q

Comingling

A

Mixing sole and separate property with community property to the point where you can no longer tell the difference

24
Q

Transmutation

A

Sole and separate property that changes and becomes community

25
Q

Community Lein on separate property

A

Have sole or separate property but you use community $ to pay it or maintain it

26
Q

How long are temporary orders good for?

A

From time filed until divorce is final

27
Q

Stages of grieving

A 
Denial
Anger
Sadness
Bargaining/negotiating
Acceptance
28
Q

Pre-trial prep includes:

A 
List of witnesses
Subpoenas 
Depositions
Hiring experts,
Prep of joint or separate pre trial
Statement
29
Q

What 9 things are in a dissolution package

A 
Petition a: allegations b: prayer for relief
Family court cover sheet
Sensitive data sheet 
Notice regarding health insurance
Notice regarding creditors 
Summons
Preliminary injunction
UCCJEA affidavit
Order to attend PIP
30
Q

Different options of ADR

A 
Mediation
Reach own agreement
Arbitration
Rent a judge 
Med/arb: hire someone to help you decide and if you can't they decide
31
Q

Jurisdictional requirements for divorce?

A

A 90 day residency prior to filing is required of at least one party

32
Q

Default or uncontested divorce

A

As little as 3-4months and $1-3k

As long as you have waited 64 days you can go down and get default on demand

33
Q

When is divorce final in Az?

A

After judge signs and clerk files it

34
Q

Divorce by consent/ negotiated settlement

A

4-9 months

$5-$50k

35
Q

Contested/ litigated divorce

A

9-18months

$50-$150k

36
Q

Civil union

A

A formal status that provides same sex couples with the rights, benefits, protections, and responsibilities that are available to married heterosexual couples under state (not federal) law

37
Q

Domestic partnership

A

Usually refers to a municipal ordinance that enables in married couples to register as domestic partners. Provides some legal recognition and possible benefits. Also recognized by some private employers

38
Q

Procedural fairness

A

Unfairness in the process of negotiating the agreement. Was the process of the contract fair

39
Q

Substantive fairness

A

Unfairness in the resulting terms of the contract. Are the terms fair

40
Q

What must be disclosed in a postnuptial agreement?

A

A full, fair, and reasonable disclosure of the amount,character value if property, both jointly and separately held, and all of the financial obligations and income of the other spouse.

41
Q

Three significant provisions of VAWA violence against women act

A

1: criminalization of interstate domestic violence. It is a federal crime to cross state line to violate a protective order as well as to injure stalk intimidate an intimate partner
2: full faith and credit to abuse prevention orders. states are required to give full faith and credit to protective orders from other states
3: protections for battered immigrant women. VAWA permits a battered immigrant to self petition for lawful permanent residence status which frees her from the reliance on the abusive spouse

42
Q

What is a civil order of protection

A

Various protective orders someone can obtain through the court to prevent abuse, threats, stalking or injuries against another person.

43
Q

3 Divorce grounds for fault

A

Adultery
Desertion
Cruelty

44
Q

Defenses to allegations in a fault marriage

A 
consent= connivance
Forgiveness= condonation
Recrimination= the spouse is also guilty of misconduct
45
Q

First state to enact no fault divorce

A

California

46
Q

What is an annulment

A

A declaration that no valid marriage ever existed

47
Q

Subject matter jurisdiction

A

The courts authority to hear a particular type if dispute

Family Law (1 decks)

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