Family Law Flashcards
In a common law marriage, the two parties must exchange (i) _________, they must (ii) __________, and they must (iii) _______ _____ as spouses.
(i) consent; (ii) cohabitate; (iii) hold-out
A valid premarital contract must be (i) ________, (ii) in ______ and signed by the party to be charged, both parties must have a full and fair disclosure of their (iii) _____ _______, and the economic provisions must be (iv) _____ and _________.
(i) voluntary; (ii) written; (iii) financial worth; (iv) fair and reasonable
A marriage can be annulled based on (i) ______ (already married), (ii) co-________ (closely related), (iii) the parties be under _____, (iv) incurable physical ________, (v) lack of mental __________, (vi) lack of _______, (vii) ________ (pressured), and (viii) _____ in inducement.
(i) bigamy; co-sanguinity; (iii) age; (iv) competence; (v) competence; (vi) age; (vii) duress; (viii) fraud
A no-fault divorce can be granted if the marriage is (i) ________ broken and the parties have been (ii) ______ ______ for a specified time.
(i) irretrievably; (ii) living apart
An at-fault divorce is typically granted based on (i) _______, (ii) ________ (leaving for a specific time), (iii) extreme _____ or _______ cruelty, (iv) ______ or _____ addiction (post-marriage) or (v) _______ illness.
(i) adultery; (ii) desertion; (iii) physical or emotional; (iv) alcohol or drug; (v) mental
Divorce is proper in a state if a party is a (i) _____ _____ resident of the state.
(i) bona fide
For a divorce, venue is proper in the county in which the spouses (i) _______.
(i) reside
In an ex-parte divorce, the divorce decree is valid in other states, but the state cannot issue provisions on (i) ______, (ii) ______ support, (iii) ______ support, etc.
(i) property, (ii) spousal; (iii) child
In a community property state, all property acquired during the marriage is (i) _______ on division, and parties keep what they brought in or acquired by (ii) ______ or _____.
(i) split; (ii) gift or bequest
The most common method of property division is the equitable division. In this case, all marital property is divided, based on factors including: (i) ____, education, and background and earning capacities; (ii) ______ of marriage; (iii) ______ of living during marriage; (iv) ______ income of both parties and their employability; (v) the source of the money used to purchase property, the (vi) ________ of the parties (wellness), (vii) assets and debts of the parties, (viii) need, (ix) child custody support, (x) ability to acquire future income and assets; (xi) support of marital earnings.
(i) age, (ii) duration; (iii) standard; (iv) current; (v) health
In considering spousal support, courts will look to (i) _____ of marriage and _______ of living, (ii) age and ______ and ______ conditions of the parties; (iii) in-marriage ___________; (iv) the time needed to __________; (v) the burden on the _________; and in some states, marital (vi) _______.
(i) duration, standard; (ii) emotional and physical; (iii) contributions; (iv) retrain; (v) payor; (vi) fault
There are several types of spousal support. (i) _______ periodic spousal support lasts until the spouse can be self-sustaining. (ii) ________ support is for al limited time while the spouse can retrain and become self-supporting. (iii) ____ ____ payment is a non modifiable, fixed amount, payable all at once (or a series of scheduled payment); (iv) ________ spousal support is awarded to a spouse who supported the other while they obtained a degree / certificate.
(i) permanent; (ii) rehabilitative; (iii) lump sum; (iv) reimbursement
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJE) controls. The most important jurisdictional test is the child’s (i) _____ state. The home state is where a child has lived for at least (ii) _____ months immediately prior to the commencement of the proceeding. In determining the six-month test, (iii) _______ absences from the state are disregarded. If the child is now absent, but it was the home state within the last six months and one parent is still present in the state, it still has jurisdiction.
(i) home; (ii) six; (iii) temporary
Custody is determined in the (i) _______ _____ of the _____. Factors include the wishes of the (ii) _______, the wishes of (iii) ________ (especially if >12), (iv) adjustment to home, _______, and community, and the (v) _____ and ______ health of all parties.
(i) best interest of the child; (ii) parents; (iii) children; (iv) school; (v) physical and emotional
In general, courts try to grant (i) ________ rights to non-custodial parents, except in extreme circumstances. Generally, (ii) _____-parties have no claim, against parental wishes, to visitation rights.
(i) visitation; (ii) third
A child is the lawful child of its (i) ______, and is also the lawful child of its (ii) ______ if: the two parents are (iii) ______ at the child’s birth, (iv) the parents marry _____ birth (in some states with the father’s acknowledgement), (v) the father ____-out the child as his biological child, (vi) the father _______ to be on the birth certificate, (vii) the father _______ paternity, or there is a (viii) _____ decree establishing paternity.
(i) mother; (ii) father; (iii) married; (iv) after; (v) holds-out; (vi) consents; (vii) acknowledges; (viii) judicial decree
In adoption, the first step is (i) _______ of the biological parents’ rights (consent usually required, but may be waived or legally terminated by another proceeding, like negligect); (ii) then the court must create a legal, new, _______-______ relationship.
(i) termination; (ii) parent-child
If a marriage does not occur, gifts made in _______ of marriage must be returned
Contemplation
In nearly all states, pre-marital contracts cannot include (i) ______ ________ arrangements (they are either void, or subject to judicial review).
(i) child custody
Even in the absence of express agency authority, one spouse is liable for the (i) ________ purchased by the other.
(i) necessities
Privacy is a fundamental right, and any regulation (other than abortion) is invalid unless sit is necessary to a compelling government interests. The right to privacy includes the right to (i) _______, (ii) ______, (iii) use or sell __________, (iv) ________ (within limits), (v) the right of related persons to _____ together, for parents to (vi) _____ their children outside of public schools, and the right of parents to decide issue son care, custody, and control of their children.
(i) marry; (ii) procreate; (iii) contraceptives; (iv) abortion: (v) live; (vi) educate
A married person cannot be compelled to testify against his current spouse in an (i) _________ proceeding.
(i) criminal.
There are three historic tortious relationships related to marriage. (i) _______ of affections, when a 3rd party divers the affection of one spouse (abolished in most states); (ii) criminal _________, when one spouse has sexual relations with a 3d person (abolished in most states); and (iii) negligent interference with ___________, which is the loss of the other’s consortium due to injuries from a defendant’s negligence.
(i) alienation; (ii) conversation; (iii) consortium
A (i) _____ marriage is one in which, going forward, there int legally recognized marriage. It can be cured by removal of defect (e.g., prior bigamous spouse dying). A (ii) ________ marriage was invalid from the outset. If the party that brought the cause of action continues in the marriage, however, then they ratify the relationship, and it’s no long invalidated.
(i) void; (ii) voidable
Grounds for annulment are related to formation issues: (i) ________, (ii) ___________, (iii) _________, (iv) incurable physical impotence, and (v) lack of ________.
(i) bigamy; (ii) consanguinity; (iii) nonage; (v) capacity
If the child has no qualified “home state” for custody, then a state can have jurisdiction if (i) the child lives with at least one ________ in the state, and has a (ii) ________ _______ to the state, and (iii) _______ ________ concerning the child is available in the state.
(i) parent; (ii) significant connection; (iii) substantial evidence
Unmarried children are protected by the constitutional standard of (i) ______ _________, meaning that laws will be stricken unless they are (ii) _______ ________ to an (iii) _______ ___________ interest.
(i) intermediate scrutiny; (ii) substantially related; (iii) important governmental
A parent may tortuously recover against one who injures their (i) _______. A parent whose custody is interfered with may recover tort damages for (ii) ________. Parents who labor to hide a newborn’s birth or location may be liable for a civil (iii) ________.
(i) child; (ii) abduction; (iii) conspiracy
The right to one’s children is a (i) ________ constitutional right, and parents must have due process before those rights are terminated, including the right to (ii) __________, and termination can only be proved by (iii) _____ and ________ evidence.
(i) fundamental; (ii) counsel; (iii) clear and convincing
Grounds for parental termination (by the court) include: (i) serious __________ on the child, (ii) _________, (iii) _____ or deprivation, (iv) _______ mental illness, and (v) _________ unfitness.
(i) harm; (ii) abandonment; (iii) neglect; (iv) severe; (v) parental
