Fam Law

Question 1

Issues to look

Answer 1

Prenup

Question 2

Elements of Valid prenup

Answer 2

Needs to be in writing

Entered into voluntarily (no fraud or duress)

Each party has their own lawyer and time to review

Full disclosure of each spouses prop and assets

Cannot determine child support, custody, spousal support

Question 3

Postnup

Answer 3

Does not need to be in writing unless land is involved

May waive alimony (not temp alimony)

Voluntary, no duress, no fraud, counsel, full disclosure

Question 4

Legal standard for granting divorce

Answer 4

No fault state

Irretrievably broken

Mental incapacity for last 3 years

(Misconduct is irrelevant)

Court has jurisdiction to grant if person who filed resided in Fl for 6 months prior to filing

Question 5

Marital Property

Answer 5

Property acquired by either or both spouses during the marriage.

Benefits that’s accrued during the marriage (retirement, interest, pension) is marital

Enhancement or appreciation of any non marital asset as a result of effort from either/both spouse or contribution of either spouses.

Question 6

Non marital property

Answer 6

Property acquired prior to marriage and kept separate.

If you commingle then becomes marital property (putting money in a joint account)

Question 7

Equitable distribution

Answer 7

Marital assets are subject to equitable distribution.

Presumption is a 50/50 split but based on some factors:
Each spouses contribution
Duration of marriage
Econ circumstances
Sacrifices by spouses

Question 8

Short term marriage

Answer 8

Any marriage less than 10 years

Question 9

Moderate term marriage

Answer 9

10-20 years

Question 10

Long term marriage

Answer 10

20 years or more

Question 11

Pendente lite alymoney

Answer 11

Money from one spouse to another money during the divorce proceedings.

Question 12

Bridge the gap alimony

Answer 12

Short term to help transition spouse to become single. Does not exceed two years, not modifiable

Question 13

Rehabilitative alimony

Answer 13

Money given for education, training to become self sufficient. Set for a period of time.

Question 14

Durational alimony

Answer 14

NO longer available for Marriage of less than 3 years.

May not exceed 50% of the length of a SHORT TERM Marriage
May not exceed 60% of the length of a MODERATE Marriage
May not exceed 75% of the length of a LONG TERM Marriage

If EXCEPTIONAL Circumstances, Court MAY extend term if there is CLEAR AND CONVINCING it is necessary.

Question 15

Alimony

Answer 15

Adultery may be considered

Question 16

Factors to determine alimony

Answer 16

Need and ability to pay

Age

Mental/physical/emotional health

Earnings

Care taker for children

Misconduct

Question 17

Custody

Answer 17

What is best interest of the kid- “Shared parental responsibility” for legal decisions on behalf of the children

Question 18

Parenting plan

Answer 18

Document submitted to court that shows where the kids will be during the week, weekends, holidays..etc

This is to prevent constant trips to court.

Question 19

Factors to determine best interest of the kids

Answer 19

Age of kids

Location of parents

Location of family

School

Can child have preference? Yes if old enough

Friends

Surroundings - where are they comfortable

Question 20

Moving a child

Answer 20

If moving more than 50 miles away, need consent of other parent. Moving parent would need to show that moving is in the best interest. Other parent needs to show that it is not for the best interest

Question 21

UCC JEA

Answer 21

Uniform child custody jurisdiction enforcement act.

When you have multiple states involved. Two courts involved if talking alimony, custody.

FL circuit court has jurisdiction.

Jurisdiction is child home state and or where child has resided in last 6 months.

Question 22

Child support

Answer 22

Parents have duty to pay child support until 18 unless physically or mentally handicapped.

Gross income of each spouse - expenses = each spouse has % share

Question 23

Adoption

Answer 23

Adults can adopt children and other adults. Anybody can be legally adopted

Single, married, same sex can adopt

Question 24

Adoptive parent

Answer 24

Background check is done

Child can be placed w adoptive parents for 6 months and then state can confirm it’s safe

Question 25

Legally adopted child

Answer 25

Child has same legal rights as biological child’s

Question 26

Biological family

Answer 26

Biological parents must consent to their child being adopted unless their legal rights are terminated. Due process

If parents are dead, biological family have preference to adopt (grandparents)

Question 27

Child adoption

Answer 27

If child is over 12 years old, they must consent to adoption. Court can override the unconsenting child if best interest of the kid.