Domestic Relations Flashcards
Is professional goodwill considered marital property subject to division upon divorce?
Yes
How long must innocent party to adultery wait til granted absolute divorce?
No waiting period
law, a premarital agreement is enforceable if
Fair and reasonable disclosure of financial situations of parties or
a voluntary and written waiver of such disclosure.
Premarital agreement must be
be in writing and signed by both parties and must not be unconscionable
No spousal support may be awarded to a spouse who commits adultery unless
the court determines from clear and convincing evidence that the denial of spousal support to the guilty party would constitute a “manifest injustice” based on the spouses’ respective degrees of fault during the marriage and their relative economic circumstances.
Virginia court has subject matter jurisdiction to preside over custody hearings and either enter or modify custody orders if Virginia is
(i) is the child’s home state and has been the home state for a period of six months or since birth, if the child is less than six months old; or (ii) was the child’s home state in the past six months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.
Child’s home state
the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.
Spousal support terminates upon the remarriage of the spouse receiving support, unless
Otherwise provided by K or stipulation
When can a Felony conviction be grounds for an ANNULMENT
i) the felony conviction predates the marriage and (ii) the party seeking the annulment was unaware of the conviction at the time of the marriage.
When can grounds for felony conviction be GROUNDS for divorce
When spouse is convicted of a felony, SENTENCED to confinement for more than one year and CONFINED for such felony subsequent to such conviction, and COHABITATION has not been resumed after knowledge of such confinement
A person may marry after attaining the age of 18 or after
Being declared an emancipated minor
Fraud may constitute grounds for annulment if
the fraud goes to the essence of a marriage and is based on present fact.
annulment of marriage means marrigae was invalid
Marital agreements must provide fair and reasonable disclosure of
Adequate disclosure of INCOME, ASSETS, AND LIABILITIES of all parties.
marital agreement: What will Court do if parties have not complied w adequate disclosure rule?
Refuse to enforce agreement
court may modify spousal support orders upon a finding of
“material change in circumstances.
Material change in circumstances warranting spousal support modification include
”i) something that was not reasonably in the parties’ contemplation at the time of the original award, or
(ii) the non-occurrence of some event anticipated by the court in making the award through no fault of the party seeking the change.
What constitutes marital property share when a spouse’s right to recover workers’ compensation or personal injury damages accrues during the marriage and before the last separation of the parties
the portion attributable to lost wages or medical expenses not covered by health insurance
In Virginia, separation without cohabitation is the “no-fault” ground for absolute divorce. An absolute divorce (divorce from the bond of matrimony) may be decreed upon
Application by either party if the spouses have lived separate and apart without any cohabitation and without interruption for one year.
In Virginia, a non-parent requesting visitation in opposition to both of the child’s parents (at least one of whom is fit), or the sole surviving fit parent, must show
clear and convincing evidence that the denial of visitation would cause actual harm to the child
Virginia law requires at least one spouse to be a bona fide resident and domiciliary of Virginia for a minimum of
6 months prior to commencement of a matrimonial action.
Are stock options considered marital property?
Yes, even if they will not be exercised until after the marriage
A birth parent may revoke consent prior to the issuance of the final adoption decree in two situations:
i) the consent was obtained by fraud or duress or
(ii) the birth parents and the adoptive parents or the agency agree in writing that the consent may be revoked.
