Chapter Eleven Flashcards
Family Law
the area of the law that covers marriage, divorce, and parent child relationships
Ceremonial or solemnized marriage
a marriage in which the couple has obtained the proper marriage license from a local gov official and has then taken marriage vows before a member of the clergy or a judge or witness
Common law marriage
a marriage that has not been solemnized but in which the couple ha mutually agreed to enter into a relationship in which they accept all the duties and responsibilities that correspond to those of marriage
Prenup agreement
a document that prospective spouses sign prior to marriage regarding financial and other arrangement should the marriage end
Anti heart balm statute
a law that prohibits lawsuits for such things as breach of a promise of marriage, alienation of affection, and seduction of a person over the legal age of consent
Divorce
a legal judgement that dissolves a marriage
Annulment
a legal judgement that a valid marriage never existed
Voidable marriage
a marriage that was valid when it was entered into and that remains valid until either party obtains a court order dissolving it
Void marriage
a marriage that is invalid from its inception and that does not require court action for the parties to be free of any marital obligations
Fraud
a false representation of facts or intentional perversion of the truth to induce someone to take some action or give up something of value
No-fault divorce
a form of divorce that allows a couple to end their marital relationship without having to asses blame for the break up
Temporary restraining order
a court of limited duration designed to maintain the status quo pending further court action at a later date
Protection order
a court order issues in domestic violence and abuse cases to keep one spouse away from the other or kids or home
Settlement agreement
a document that contains the arrangements agreed on by the parties to a dispute
Marital property
property that is subject to court distribution upon termination of the marriage
Alimony
financial support and other forms of assistance required to supply the necessities of life
Collaborative divorce
a non-adversarial process whereby the divorcing couple hires a team of professionals to help them reach a mutually satisfactory agreement
Community property states
acquired during marriage exceptions of gifts/inheritance is 50/50
Doctrine of equitable distribution
marital interest in any property acquired during marriage through efforts of both spouses (length of marriage, age or health, ability of one to make a living) usually split 50/50
Physical custody
the child lives with and has day to day activities supervised by the designated parent or guardian
Legal custody
the designated parent or guardian has authority to make legal decisions for the child relating to such matters as health care and education
Child support
money that the noncustodial parent parent contributes to assist the custodial parent in paying for child’s food, shelter, clothing, medical care, and education
Garnishment
a process through which a court can require a employer to withhold money from an employee’s wages and turn this money over to the party to whom a debt is owed
Extra tradition
the transportation of an individual from one state to another so that person can tried on criminal charges
Agency adoption
an adoption in which a licensed agency assumes responsibility for screening adoptive parents and matching them with available children
Independent adoption
an adoption that involves a private agreement between the birth parents and the adoptive parents
Child neglect
the negligent failure to provide a child with the necessaries of life
Child abuse
intentional harm to a child’s physical or mental well being
Guardian ad litem
someone appointed by the court to speak for the interests of a child
Clear and convincing
an evidentiary standard that requires more than a preponderance of the evidence but less than beyond a reasonable doubt
Minor
a child who is under the age of legal competence
Emancipated minor
someone who is still under the legal age of adulthood but who has nevertheless been released from parental authority and given the legal rights of an adult
Marriage consequences
Marriage is a contract
Legal obligation
Marital property
Benefits of marriage
Recover loss damages
Gov benefits
Taxation
Cannot testify against spouse
Requirements for prenup
Have to be in writing
Offer
Acceptance
Consideration
Elements of annulment
Void
Voidable
Fraud
Examples for void & voidable
Void: incest and bigamy
Voidable: underage, too closely related, fraud
Termination of the Marital Relationship
No hope for reconciliation Living separate and apart Cost vary Courts can oversees financial arrangement Severe economic consequences
Divorce Steps
- Grounds
- File petition
- Hearings
- If needed, particular orders
- Settlement agreement (alimony)
- Alternative Dispute Resolutions
Ending of a marriage
Divorce procedures
Property settlements
Alimony, maintenance agreements
Custody, visitation
What is child support based on?
Standard of living Parent income Child's age Number of children Health and educational
Parent Child Relationship
Legally established with names on birth certificate
Paternity actions
Adoption
Agency vs Independent
Adoption records
Adoption records
Tort of wrongful adoption
Assisted Reproduction
Sperm and egg donation: must have written agreements & varies from state to state
Surrogacy contracts: compassionate and gestational
Parental Rights, Responsibilities, and Liabilities
Required to provide education
Decide religion
Discipline
Responsible and Duty of Care
Child Neglect & Abuse
Time and culture
Guardian ad litem
Clear and convincing evidence in order to terminate parental rights
All of the following are true about premarital agreements, except they
typically deal with child custody issues should the marriage end in divorce.
Before they were married, Mark lied to Joan about his wealth and ability to support and maintain a certain lifestyle after the marriage. After they were married, Joan learned the truth.
Joan probably would not be granted an annulment based upon Mark’s fraud as the courts have generally adopted a “buyer beware” attitude in these types of situations.
Legal benefits to being married, not given to nonmarital partners, generally
include all of the following, except
in all states, married partners cannot be sued by their spouses for torts they commit.
All of the following are true about alimony, except
the trend in recent years has been to award permanent alimony for an indefinite time period.
All of the following are true about the U.S. Supreme Court decision, Obergefell v. Odgan, except
only states can determine whether same-sex couples can marry.
When courts follow the doctrine of equitable distribution, they award property at a divorce by
looking at the contributions of both spouses, whether that contribution be financial or through a spouse’s work in the home, regardless of whose name is on the legal title.
The Greens are both working parents. Every day, 11-year-old Sam is home alone after school for about two hours. One day, while home alone, Sam cut himself with a knife while fixing himself a snack. He was able to get to a neighbor’s house, and they drove him to the hospital. A court might find that leaving Sam alone for two hours on school days constitutes
Child neglect
a proper case of parental discretion regarding the care of their child.
