Family Flashcards

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1
Q

Premarital contracts, A.k.a. prenuptial agreements, require

A

Formalities: in writing and signed by both parties. Marriage itself is considered sufficient consideration.
Enforceability turns on three factors: voluntariness, unconscionability, and disclosure.

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2
Q

Types of marriages

A

Ceremonial marriage
Common law marriage
Putative spouse

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3
Q

Ceremonial marriage

A

A legally valid civil marriage that follows all statutory requirements and has been solemnized before an authorized religious or civil official.
(Noncompliance doesnt always void an otherwise valid marriage.)

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4
Q

Common law marriage

A

Common-law marriage creates marital obligations and rights identical to those flowing from a ceremonial marriage, including the equitable distribution of property.

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5
Q

To establish a common law marriage, the proponent must show

A

Capacity to enter into a marital contract, a present agreement to be married, cohabitation, and holding out a marital relationship to the community.

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6
Q

Putative spouse

A

Any person who has cohabited with another to whom she is not legally married in the good faith belief that she was married to that person is a putative spouse until knowledge of the fact that she is not legally married terminates her status and prevents acquisition of further rights.

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7
Q

Property rights and interest of married persons

A

A married person may own, hold, control, dispose of, or encumber her separate property without the consent or joined her of her spouse and without her spouse having any right, title, or interest in such a separate property.

Property acquired by either spouse during an ongoing marriage other than by gift or inheritance is presumed to be marital property subject to division on divorce.

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8
Q

Elements of loss of consortium action

A

Injuries to spouse
Loss and expenses of the plaintiff spouse
Liability of the defendant for those injuries

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9
Q

Declaration of nullity

A

A declaration of nullity is the action pursued when the underlying marriage is legally void. There are two grounds for legally void marriages: incest and bigamy.

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10
Q

Annulment

A

An annulment is the action pursued to terminate avoidable marriage. If a marriage is annulled, the parties are treated as though they were never married, but the process will be the same as divorce if there are children or property has been accumulated. Grounds for annulment are: under 18, lack of mental capacity, lack of physical capacity.

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11
Q

Divorce

A

Divorce is affected by judicial degree which terminates the marital relationship and changes the legal status of the married parties

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12
Q

Requirements of no-fault divorce

A

Showing of irreconcilable differences or an irretrievable breakdown of the marriage

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13
Q

Traditional grounds for divorce

A

Cruelty, adultery, desertion and abandonment, habitual drunkenness or drug addiction

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14
Q

Conversion divorce

A

Many states allow for the conversion of legal separation into a divorce where the parties have lived separate and apart for a specified length of time with the intention of ending the marriage.

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15
Q

Is parental consent required for adoption?

A

Consent of the child’s biological parents is generally required for adoption. However, if the parents are not married, the father’s consent might not be required. If the child has been abandoned, consent is not required.

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16
Q

When does an unmarried father have protection under the due process clause

A

When the father demonstrates a full commitment to the responsibilities of parenthood

17
Q

Legal custody v physical custody

A

Legal custody is the right to make major decisions that affect the child’s life. Physical custody is actual possession and control of the child.

18
Q

Standard for a custody decision

A

Custody and visitation disputes are governed by the court’s determination of the child’s best interest.

19
Q

In awarding joint custody, the most important factor to consider is

A

The capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare

20
Q

When is modification of a custody order permitted,

A

Throughout the child’s minority but only when there are substantial and unforeseen changes in circumstances and the modification will serve child’s best interest.

21
Q

Approaches to division of property between spouses

A

In a majority of states, marital property may be divided between the spouses, but separate property remains the property of the owning spouse.
In a minority of jurisdictions, the court may divide all assets whenever or however acquired; a few states permit the division of separate property in special circumstances, such as hardship.
And community property states, all property other than separate property acquired during marriage is community property and a split 50-50 upon divorce or dissolution.

22
Q

Separate property

A

All property owned by each spouse before marriage and property brought into the marriage by gift, will, or inheritance is presumed to be separate property

23
Q

Traditional grounds for alimony

A

Under the uniform divorce and marriage act, a court may grant alimony for either spouse only if it finds thst the spouse seeking alimony: Lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment.

24
Q

Modern factors considered when determining amount

A

Duration of marriage, standard of living during marriage, age of parties, condition of parties, contribution of parties, employability, marital fault not considered…

25
Q

Factors considered when determining amount of child support

A

Parent capacity to pay, parent income, the needs of the children.

26
Q

Annulment, separation, divorce jx

A

Domicile of either party. No personal jurisdiction is required for separation, divorce, or annulment, but it is needed for property rights, support, and alimony.

27
Q

Adoption jurisdiction

A

Under common law, the domicile of the adoptive parents.

Under modern law, sufficiently strong connection with the child and substantial evidence concerning case is present.

28
Q

Custody jurisdiction

A

The court has jurisdiction to make an initial custody determination only if it’s the child’s home state or the child has a significant connection with the state.

29
Q

When equitably dividing marital property, courts consider

A

Need, contribution (both monetary and nonmonetary) and marital duration.

30
Q

At divorce, most states permit division of only

A

Marital or community property, i.e. property acquired during the marriage except by gift, descent, or devise.