Family Law

Question 1

Common Law Marriage

Answer 1

To establish a common law marriage, the proponent must show a capacity to enter into a martial contract, a present agreement to be married, cohabitation, and holding out of a marital relationship

Question 2

Recognition of Marriage

Answer 2

A marriage valid in one state will be valid in another state as long as it doesn’t violate a strong public policy

Question 3

Child Custody Determination

Answer 3

Generally, custody is determined by looking at the best interest of the child. This typically requires looking at a number of factors

Question 4

Custody Modification

Answer 4

Custody can be modified only if there is a substantial change in circumstances. Generally, this change must be unforeseen at the time of the initial judgment

Question 5

Relocation of Parent and Child

Answer 5

Generally, a move sought in good faith that will serve the child’s best interest will ordinarily be approved. The court will balance the impact on visitation by the noncustodial parent against the benefits of the move of the child. Some states place the burden on the moving parent and some put it on the objecting parent

Question 6

Property Division After Divorce

Answer 6

In a majority of states, marital property is divided at divorce but separate property remains the property of either spouse.

Question 7

Premarital Agreement

Answer 7

A court will enforce a premarital agreement so long as it is voluntarily made, substantively fair, and fully discloses assets and obligations

Question 8

Alimony

Answer 8

Alimony can be permanent, temporary, or granted in a lump sum. Almost all states require the trial court to consider the parties’ financial resources and needs, marital contributions, and marital duration. The trial court has substantial discretion in choosing to award alimony

Question 9

Child Support Legal Enforcement

Answer 9

The Uniform Interstate Family Support Act governs child support and has been adopted by all states. Once an order is filed, it may be enforced in any state

Question 10

Home State Test

Answer 10

Under the UCCJEA, the “home state” has exclusive jurisdiction to modify a custody decree. A home state is a state where the child has lived with a parent or guardian for at least 6 consecutive months

Question 11

Significant Connections Test

Answer 11

If a child has no home state, a state may exercise jurisdiction based on significant connections with the child and at least one parent, and the existence of substantial evidence relating to child custody in the forum jurisdiction

Question 12

Parental Kidnapping Prevention Act

Answer 12

Under the PKPA a state may not modify a custody order if one party continues to reside in the issuing state unless the issuing state gives up jurisdiction

Question 13

Uniform Child Custody Jurisdiction and Enforcement Act

Answer 13

Under the UCCJEA which has been adopted by most states the court that made the initial custody determination has continuing exclusive jurisdiction over the matter until the court decides otherwise

Question 14

No Fault Divorce

Answer 14

Most states now provide for no fault divorce which provides for the dissolution of marriage without fault being shown. It is generally available upon a showing that the marriage is irretrievably broken and that the parties have been living separate and apart for a specified period of time.

Question 15

Divisible Divorce

Answer 15

An ex party divorce can serve only to grant the divorce, not marital property unless it is within the state rendering the decision

Question 16

Settlement Agreement

Answer 16

A settlement agreement is one entered into during the marriage, prior to divorce in which the parties resolve economic disputes.