Family Flashcards
Who may marry?
(1) Minimum age;
(2) Not too closely related; and
(3) No prior undissolved marriage to a living spouse.
What are the procedural requirements for a marriage?
License + Solemnization
Common Law Marriage
(1) An exchange of consent between two people with capacity;
(2) Cohabitation (no specified time is required);
(3) A holding out publicly of living together as spouses.
Premarital Contract (Prenup)
(1) Agreement entered into voluntarily;
(2) Contract must be in writing and signed by the party to be charged;
(3) Both parties must make a full and fair disclosure of their financial worth;
(4) The economic provisions must be fair and reasonable.
Grounds for Annulment
(1) Bigamy or polygamy (void)
(2) Consanguinity (void)
(3) Nonage (void or voidable depending)
(4) Incurable physical impotence (voidable)
(5) Mental incompetence (voidable)
(6) Lack of assent (voidable)
(7) Duress (voidable)
(8) Fraud involving the essentials of marriage (voidable)
No-Fault Divorce
(1) Marriage irretrievably broken (irreconcilable differences or incompatibility);
(2) the parties have been living apart for a specified time.
Fault Grounds for Divorce
(1) Adultery;
(2) Willful desertion for a specified time;
(3) Extreme physical or mental cruelty;
(4) Drug addiction or habitual drunkenness;
(5) Mental illness.
Defenses to Fault Grounds for Divorce
(1) Collusion
(2) Connivance (consent)
(3) Condonation
(4) Recrimination
Where is an action for divorce proper?
Jurisdiction is proper in a state if a party is a bona fide resident of the state.
Venues is in the county in which the spouses usually reside.
Factors a court considers in dividing property
(1) Age, education, background, and earning capacities of both parties;
(2) Duration of the marriage, and whether there were any prior marriages;
(3) Standard of living during the marriage;
(4) Present incomes of the parties, and their vocational skills and employability;
(5) Source of the money used to purchase the property;
(6) Health of the parties;
(7) Assets, debts, and liabilites of the parties;
(8) Needs of the parties;
(9) Child custody provisions;
(10) Whether the distribution is in addition to, or in lieu of, spousal support;
(11) Each party’s opportunity to acquire future income and assets;
(12) Each party’s contribution to the acquisition of, or enhancement of the value of, the existing marital assets;
(13) Each party’s contribution as a homemaker to the family unit; and
(14) Whether either party has dissipated marital property.
Factors a court considers in awarding spousal support
(1) Duration of marriage and the standard of living established during the marriage;
(2) Age and physical and emotional condition of the parties;
(3) Financial resources of the parties;
(4) Contribution of each party to the marriage;
(5) Time needed for the party seeking support to obtain the training necessary to find the appropriate employment;
(6) Ability of the payor spouse to meet his needs while paying spousal support;
(7) Marital fault (some states)
Permanent Periodic Spousal Support
Paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining.
Rehabilitative Spousal Support
Periodic payments for a limited time to enable a spouse to gain skills to become self-supporting.
Lump Sum Payment
Non-modifiable, fixed amount payable either all at once or broken down into a series of payments.
Reimbursement Spousal Support
Awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree.
What court has jurisdiction to hear a custody case?
In all states, divorce courts are authorized to make custody awards.
State statutes determine which other state courts have jurisdiction to hear child custody cases.
As between two states, the Uniform Child Custody Jurisdiction and Enforcement Act controls–consider where the child is at home (where the kid lived 6 months before proceeding)
How will custody be determined?
Best interest of the child.
Factors to consider: (1) wishes of the parents; (2) preferences of the child; (3) child’s adjustment to home, school, and community; and (4) the mental and physical health of all of the parties.
ALWAYS MODIFIABLE.
How will visitation be determined?
Absolute denial of visitation is rare. Custodial parent may not withhold visitation fro ma noncustodial party because of failure to pay support.
Adoption
(1) Termination of biological parents’ rights;
(2) Creation of a new legal parent-child relationship
What are the exceptions to the general rule that minors need parental consent for medical procedures?
(1) Emergencies
(2) Public health concerns
(3) Age of child (some states only)
Parens Patriae
State can intervene and protect children when their parents deny them NEEDED medical care.
To determine if needed medical care: (1) examine whether a condition is life threatening or whether it can be postponed until the child reaches the age of majority; and (2) weigh the risks and benefits of the treatment.
Full Faith and Credit Clause
Under the Full Faith and Credit Clause, a divorce validly granted in one state is entitled to full faith and credit in other states.
Generally, a divorce is valid and must be recognized by the other states if the petitioning party: (1) was domiciled in the state that granted the divorce; and (2) provided adequate notice of the proceeding to the other spouse.
Where is a decree relating to property rights, spousal support, child support, etc. valid?
Where the court has personal jurisdiction over the defendant.
