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Paralegal > Family Law > Flashcards

Family Law Flashcards

1
Q

In Harris County there are—————family courts,—————–protective order courts and…………………IVD (Child Support Courts)

A

9
1
4

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2
Q

—————–cases are filed each year in Harris County Family Law courts

A

36,000

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3
Q

———————-is a confidential settlement process.

A

Mediation

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4
Q

——————is required by all courts prior to final trial unless agreement on all issues and by some courts before any temporary orders hearings.

A

Mediation

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5
Q

Kind of marriages in Texas

A

Informal

Ceremonial

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6
Q

Who cant you marry?

A 
Ancestor or descendant
Sibling
Aunt, uncle, niece, nephew
Cousin
Stepkids or stepparents
Same sex
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7
Q

What age do you have to be to get married?

A

18 or have parental consent

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8
Q

What is annulment?

A

Is voiding the marriag

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9
Q

Grouds for annulment

A

underage or UTI
impotent
mentally incompetent
forced to marry by fraud

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10
Q

What are the residency Requirements for divorce in TX

A

Must live:
In Texas, 6 months
In county, 90 days

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11
Q

Mention the legal beginning for divorce

A 
File a petition
Pay filing fees
Service of process
Waiver of service
Petitioner and Respondent
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12
Q

name two types of emergency filings

A

Temporary Restraining Orders

Protective Orders

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13
Q

What are temporary Restraining Orders

A 
Ex parte (without a haering) Affidavit required
Duration is 14 days unless extended
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14
Q

What are protective orders?

A

Family violence

280th District Court

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15
Q

If you are—————————you can not get divorced or if the baby was born within—————-days of divorce

A

pregnant

301

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16
Q

Divorce is final when a—————— is issued after all property and child-related issues are resolved.

A

Decree of Divorce

17
Q

Community property is ——————Split in TX

A

not 50/50

18
Q

How many states do have Community Property division for divorce?

A

9, Tx is one of them

19
Q

How is community property done in Tx

A

Just and Right

20
Q

Is there Alimony in Tx

A

yes

21
Q

————————————-is an agreement between the 2 people involved.

A

Contactual alimony

22
Q

—————————–is the support ordered during the pendency of divorce.

A

Temporary Spousal Support

23
Q

The amount for a temporary spousal support is what the court finds to be—————-

A

necessary and equitable

24
Q

Maintenance is granted in two circumstances:

A
  1. Spouse convicted of crime of domestic violence w/i 2 years of filing; or
  2. Married 10 yrs & either unable to self-support or child who requires substantial & continuous care.
25
Q

What is the cap for maintenance in TX?

A

$5000 or 20% of your salary

26
Q

How is it called to keep the kids in TX?

And in the other states it is called?

A

Conservatorship

Custody

27
Q

How is it called to visit your kids in Tx?

And in the other states?

A

Possession

Access

28
Q

At what age can a child decide with what parent to live?

A

at the age of 18 years old

29
Q

What is Manamus?

A

to sue a judge action

30
Q

What are the Child Support guidelines?

A 
20% of net for 1 child;
25% for 2 children;
30% for 3 children;
35% for 4 children;
40% for 5 children;
31
Q

Who can be considered a pressume father?

A
  1. If married to the mother at the time of the child’s birth or within 301 days of the child’s birth; or
  2. If he files an assertion of paternity with Bureau of Vital Statistics; or
  3. If he is voluntarily named as the child’s father on the birth certificate
32
Q

who files a pressumed father document?

A

the father

33
Q

who files an acknowledged father document?

A

the mom and dad

34
Q

What does AoP mean?

A

Acknowledgment of Paternity

35
Q

What does SAPCR

A

Suit afecting the parent child relationship

36
Q

What can be done to enforce the law against a person who violates court orders?

A
  1. Lawsuit against a person who violates Court Order.
  2. Child support (IVD Courts or CCJ), possession and access, property, support
  3. Remedies: Judgment, punishment by jail and/or $, compliance hearing.
37
Q

………………. Is to sue a judge action

A

Manamus

Paralegal (25 decks)

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