Family

Question 1

What is required to establish subject matter jurisdiction in a dissolution of marriage proceeding?

Answer 1

One of the spouses must be a Florida domiciliary and a permanent resident of Florida for at least six months before the filing of the petition

Question 2

When would a court need PJ over the other spouse?

Answer 2

When seeking collateral remedies beyond simply a divorce decree

Question 3

Where is venue proper in a dissolution of marriage proceeding?

Answer 3

In the counties the parties last resided as Husband and Wife or in the county where they live at the time of filing

Question 4

What to always say on essay regarding divorce?

Answer 4

Florida is a no-fault divorce state. Dissolution may be granted for one of two reasons: (1) the marriage is irretrievably broken or (2) there is an adjudication of mental incompetence in which the petitioning spouse must show that the other spouse has been mentally incompetent for three years

Question 5

What happens if spouse challenges irretrievably broken marriage?

Answer 5

Court may stay the proceedings for up to three months and may order the parties to go to counseling, but this is not mandatory

Question 6

What is separate property?

Answer 6

1) Property owned before the marriage
2) Any gift or inheritance received during the marriage (to one spouse)
3) Property exchanged for separate property
4) Passive income from separate property
5) Pain and suffering recoveries
6) Property identified in a written agreement

Question 7

What are some factors the court will consider to determine whether there are grounds for unequal distribution?

Answer 7

Age and physical/mental health, earnings and earning capacity, education, whether either party has been unemployed, whether either party is the primary caretake of the kids, assets of the parties

Question 8

What factor can the court always consider?

Answer 8

Any other factor that it deems appropriate to do equity between the parties

Question 9

Vested and non-vested benefits, like retirement, pension, profit-sharing, insurance plans, etc are considered what kind of property?

Answer 9

Marital property

Question 10

What is the only type of alimony that cannot be modified?

Answer 10

Bridge the gap

Question 11

What is the standard for any type of modification?

Answer 11

Substantial change in circumstances

Question 12

What are the 5 types of alimony?

Answer 12

1) Temporary/ Pendente lite
2) Bridge the gap
3) Rehabilitative
4) Durational
5) Permanent

Question 13

What is temporary alimony?

Answer 13

During the litigation. Once litigation over, alimony stops.

Question 14

What is bridge the gap alimony?

Answer 14

Limited to 2 years in length and purpose is to help spouse transition from married life to single life

Question 15

What is rehabilitative alimony?

Answer 15

Designed to give a party new skills to make them self-sufficient in the market. Need rehabilitation plan. Terminates with completion of the plan or non-compliance with the plan

Question 16

What is durational alimony?

Answer 16

Alimony for a certain time not to exceed the term of the marriage. Almost always for short or medium term marriages (long term if permanent inappropriatE)

Question 17

What is permanent alimony?

Answer 17

Long term marriage where the receiving spouse has minimal capacity to become self-sufficient. Terminates at death or existence of supportive financial relationship

Question 18

What’s the proper term for child custody?

Answer 18

Time sharing plan

Question 19

What is parental responsibility?

Answer 19

Statement of who is going to make major decisions for the child

Question 20

How to overcome preference over parent getting custody?

Answer 20

Showing that parent is unfit

Question 21

Factors to consider for child custody?

Answer 21

1) Age and health of all parties
2) Placement of other children
3) Child’s wishes
4) Cooperativeness of parent
5) Material circumstances

Question 22

If children involved, what must also be filed with the dissolution of marriage petition?

Answer 22

Florida requires that a parenting plan be prepared and filed with the court in any action for dissolution involving minor children of the marriage

Question 23

What is the presumption in the parenting plan?

Answer 23

Shared decision making by both parents

Question 24

When will a party be awarded sole custody?

Answer 24

When the other parent’s rights are terminated or any timesharing by the other parent would be detrimental to the child

Question 25

What is required to move a child out of state?

Answer 25

Consent of the court

Question 26

What happens if parent moves out of state with a child?

Answer 26

Court may require the child to be brought back to Florida

Question 27

What is the name of the child custody act?

Answer 27

Uniform Child Custody Jurisdiction Enforcement Act

Question 28

What is one effect of the UCCJEA?

Answer 28

All courts must abide by any order of the court that had original jurisdiction over the parties and their minor children

Question 29

What to always say on an essay about separate/marital property?

Answer 29

Florida follows a scheme of equitable distribution of assets

Question 30

What is one remedy the court may order regarding the marital/family home?

Answer 30

Partition (and it would no longer be TBE)

Question 31

If separate property put into account with marital property what happens?

Answer 31

Co-mingling of funds and may all be marital property

Question 32

What is the effect of a mortgage in the context of family law?

Answer 32

Florida Constitution provides special rules and protections for homestead property

Question 33

What is Homestead property?

Answer 33

Up to 160 contiguous acres in a county (outside of a municipality) including improvements thereon or 1/2 an acre inside a municipality that includes the home thereon

Question 34

What is a homestead property exempt from?

Answer 34

Forced sale by creditors, except for tax liens, mechanic liens for improvements to the property, and mortgages on the property

Question 35

What is the effect of a mortgage on TBE?

Answer 35

Need consent of the other spouse (unless no longer TBE because of the divorce petition) if not, void

Question 36

When does a marriage end?

Answer 36

Once the final judgment of dissolution is entered

Question 37

When are contingency fee agreements barred?

Answer 37

Domestic relations cases (and criminal cases)