Family Law

Question 1

Premarital Agreements

Answer 1

Unenforceable if NOT
(1) voluntary 
-or -
(2) No reasonable disclosure, 
and 
(3) Unconscionable when executed.
- substantive and procedural unfairness -

Question 2

Equitable distribution

Property Divided

Answer 2

Separate - Usually not divisible

Marital - is subject to equitable division
> Presumption that property acquired during the marriage

Question 3

Separate Property increase

Answer 3

Passive - not subject

Labor - subject to division portion that attributable

Question 4

Voidable Marriage

Answer 4

Under age / Mental incompetence
Impotent / Intoxication
Duress / Fraud

Question 5

Void Marriage

Answer 5

Failure to meet legal requirements

• No license or ceremony,
• Close relations, polygamy
• Lack of capacity).

Question 6

Child Custody / Support based on

Answer 6

Best Interests of Child

Question 7

Modification of Support

Answer 7

Substantial and Material change in circumstances

Question 8

Does distribution have to be equal ?

Answer 8

No - consider marital factors /job + earning potential financial factors / health

Question 9

Divorce - Fault

Answer 9

Desertion , Adultery, Impotence, Cruelty, Felony

Question 10

Divorce - No Fault

Answer 10

State of Mind
+
Separation

Question 11

Joint Child Custody

Answer 11

Both entitled unless deemed unfit

• Legal (Decisions)
• Physical

Question 12

Relocation of a Parent

Answer 12

a. Balance: Impact on visitation by the

noncustodial parent vs. the benefits / detriment of the move to both Child + Parent

Question 13

Jurisdiction

Answer 13

Orig. State maintains JDX

- can register and have new state enforce