Family Law Flashcards
When must a state extend Full Faith and Credit to the ex party divorce decree of a sister state court?
Courts will give full faith and credit to divorce decrees of the courts of sister states if the sister state has proper jurisdiction and the decree is valid in the sister state.
The jurisdictional requirement will be satisfied if one of the spouses is domiciled in the state granting the divorce. There is a rebuttable presumption that the state granting the divorce is the bona fide domicile of the plaintiff.
What is the doctrine of divisible divorce?
an ex parte divorce generally can serve to grant only the divorce. An ex parte divorce decree has no effect on disputes over marital property, unless the preppy is located within the rendering state. Otherwise, such disputes can be resolved only by a court having PJ over both parties.
Requirements for a another state court to have PJ over a an out of state defendant to a divorce?
There must either be 1) some “minimum contacts” between Defendant and the forum, OR 2) Defendant must have submitted herself to the jurisdiction of the forum.
When may a court exercise jurisdiction over a child custody dispute?
Under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”, a state may exercise jurisdiction if it is the home state of the child at the time the proceedings began or within six months of the proceedings and a parent still resides in the jurisdiction.
Where is a child’s home state for custody determinations?
The state in which the child lived with a parent (or person acting as parent) for at least six consecutive months prior to the commencement of the proceeding.
***Applicable to both UCCJEA and FKPA
When must a state enforce a custody order of another state?
Under the Federal Kidnapping Prevention Act (“FKPA”), a state must enforce a custody order of another state only if the state entering the custody decree had home state jurisdiction.
***Jurisdiction standards are substantially similar to the UCCJEA.
What is the general standard for determining child custody?
Best Interest of the Child
General factors in determining best interest of the child;?
1) wishes of the parents, 2) wishes of the child, 3) the interrelationship of the child with his parents, siblings, and others, 4) the child’s adjustment to home, school, and community, and 5) the mental and physical health of all involved individuals.
Child’s preferences in determining custody (age)
Preference of a young child is given little weight.
Preference of a child over 12 is usually given great weight.
Weight increases as child gets older.
What is marital property?
Generally, all property acquired during the marriage is marital property unless it is acquired through gift, devise, or descent.
Are wedding gifts marital property?
Yes, unless a particular wedding gift is only appropriate for one spouse, wedding gifts should be classified as marital property.
Look at the intent of the donor.
What is the purpose of spousal support?
To ensure an adequate income stream for the spouse who economic dependency has resulted, at least in part, from the marital relationship. The recent trend in courts is to award less alimony than in the past because of the number of couples where both parties have valuable skills for the workforce.
How to determine the amount and type of spousal support?
The court considers:
the standard of living during the marriage,
the duration of the marriage,
the age and physical and emotional conditions of both parties,
the financial resources of each party,
the contribution of each party to the marriage,
the time needed to obtain education or training to enable either party to find appropriate employment, where applicable, and
the ability of the payor spouse to meet his needs while paying spousal support.
How does a court determine an award for child support?
Most states have adopted specific guidelines that dictate a formula based on the number of children, their ages, and any special needs of the children, and the parent’s incomes. In most states, the court may deviate from the guidelines but must make finding of fact justifying the deviation.
Can a state grant a divorce when it lacks jurisdiction over one spouse?
Yes. To establish jurisdiction over a divorce action, one of the parties must be a bona fide resident of the jurisdiction. States may set a minimum duration residency requirement, such as 90 days or one year, before the action may be filed.
