Family Law Flashcards
1
Q
Common law marriage
A
- Exchange of consents
- Cohabitation
- Public holding out of living together as spouses
2
Q
Prenup requirements
A
- Agreement entered into voluntarily
- In writing
- Full and fair disclosure of financial worth
- Economic provisions must be fair and reasonable
3
Q
Void marriage
A
- Bigamy
- Consanguinity
- Nonage( some states)
4
Q
Voidable marriage
A
- Nonage- some states
- Incurable impotence
- Lack of capacity- fraud, duress, mental capacity
Only spouses may seek annulment
5
Q
Divorce
A
No fault
- Marriage irretrievably broken
- Separation
Fault
- Adultery
- Willful desertion
- Cruelty
- Voluntary drug addiction or drunkenness
- Spouses mental illness
6
Q
Defenses to marital fault
A
- Collusion
- Connivance
- Condonation
- Recrimination
7
Q
Divorce Division of property
A
- Community property
- Equitable division of all property
- Equitable division of marital property
Factors
- Age education, earning capacity
- Duration of marriage
- Standard of living during marriage
- Present incomes
- Source of money used on property
- Health of parties
- Assets, debts, liabilities
- Needs of parties
- Child custody provisions
- In addition or in lieu of spousal support
- Opportunity to acquire future assets
- Contribution to marital assets
- Contribution in home
- Whether each has dissipated marital property
8
Q
Mixed property
A
- Separate property commingled
2. Treated in a way that suggests it was intended to be marital property
9
Q
Spousal support
A
- Duration of marriage and standard of living
- Age and condition of parties
- Financial resources of parties
- Contribution of each party to marriage
- Time needed for party seeking support to obtain training necessary for employment
- Ability of payor spouse to meet her own needs
10
Q
Types of spousal support
A
- Permanent periodic
- Lump sum
- Rehabilitative
- Reimbursement
11
Q
Child support
A
- Number of children
- Childrens needs
- Parents income
12
Q
Child custody jurisdiction
A
- Childs home state
- Was child’s home state within six months and parent lives there
Temporary emergency jdx
13
Q
Child custody standard
A
Best interest of child
1. Wishes of child
2. Wishes of parents
3. Relationship with parents siblings and others
4. Adjustment to home school community
5 physical and mental health of parties involved
14
Q
Joint custody standard
A
- Fitness if both parents
- Agreement on joint custody
- Parents communication
- Childs preference
- Level of involvement of both parents
- Proximity of homes
- Similarity or dissimilarity
- Effect on childs psychological development
- Ability to physically carry out order
