Family Law

Question 1

Marriage Validity

Answer 1

Capacity, license, ceremony

Question 2

Common Law Marriage

Answer 2

capacity
agreement to be married,
cohabitation,
and holding out a martial relationship

Question 3

Divorce

Answer 3

No fault divorce or fault ground divorce (adultery)

Question 4

Custody determinations

Answer 4

custody is determined by looking at the best interest of the child.

Question 5

Custody modifications

Answer 5

Custody can be modified only if there is a substantial change in circumstances

Question 6

Child Support

Answer 6

All states have numerical guidelines and establish a rebuttable presumption that the award that results from applying the guidelines is correct.

Question 7

Relocation of a parent and child

Answer 7

Generally, a move sought in good faith that will serve in the child’s best interest will ordinarily be approved.

Question 8

Rights of a parent when another person wants to adopt a child:

Answer 8

an involved parent who demonstrates a “full commitment to the responsibilities of parenthood”

Question 9

Third-party rights

Answer 9

Custody in the parent is presumed to be in the best interest of the child. To rebut this, a third party who wants custody must prove that the parent is unfit or that granting custody to the parent would be highly detrimental to the child.

Question 10

Property Division cannot be

Answer 10

modified or changed!!

Question 11

Separate Property (majority approach)

Answer 11

property acquired before the marriage,
an inheritance,
or a gift to one party.
Anything agreed upon in the prenup

Question 12

Prenups are valid when

Answer 12

voluntarily made,
substantially fair and reasonable,
and if full disclosure of assets.

A court will not, however enforce a premarital agreement regarding child custody or support if it is not in the best interest of the child

Question 13

Alimony

Answer 13

can be permanent, temporary, or granted in a lump sum.

Question 14

Modification and termination

Answer 14

Alimony awards may be modified if a court finds there has been a substantial change in circumstance

Question 15

Which court may dissolve a marriage

Answer 15

The court does not need jurisdiction over both spouses to terminate a marriage. If the plaintiff spouse is domiciled in the forum state or if the state has some other equivalent
long-term connection between at least one of the parties to the marriage, then that court has jurisdiction to dissolve the plaintiff’s marriage.

Question 16

Which Act governs Child support

Answer 16

The Uniform Interstate Family Support Act (UIFSA) governs child support. Once an order is registered, it may be enforced by any state. The state that originally issued a child support order has continuing exclusive jurisdiction to modify.

Question 17

What act governs Child custody orders

Answer 17

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies.

Question 18

What two test are used for the UCCJEA

Answer 18

A “home state” is a state where the child has lived with a parent or a person acting as a
parent for at least six consecutive months immediately before the commencement of the
child custody proceeding.

The significant connections test: if a child has no home state, a state may exercise jurisdiction based on (1) “significant connections” with the child and at least one parent and (2) the existence of “substantial evidence” relating to child custody in the forum jurisdiction