Family Law Flashcards
What is necessary to establish a common law marriage?
1) capacity 2) agreement 3) cohabitation 4) holding yourself out as married
How is common law marriage recognized outside the state?
A marriage valid under the place in which it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage.
Are bigamous marriages void or voidable?
Void
What is the standard for determining child custody and support?
What is in the best interest of the child
When can custody be modified?
Only when there is a substantial change in circumstances. Generally, this change must be unforeseen at the time of the initial judgment.
Can child support be modified retroactively?
No, unless there was fraud or some other compelling circumstance.
When will a move to another state be approved?
Generally, if the move was sought in good faith and will serve the child’s best interests.
Court will balance impact on visitation against the benefits. Some states place burden on relocating parent, others in the objecting parent.
What is the full faith and credit clause?
Requires a state to recognize final judgments of other states that are on the merits when the other state had jurisdiction
Is personal jurisdiction over both spouses necessary to render a divorce decree?
No, the state rendering the decree only needs PJ over the plaintiff spouse
When is PJ over both parties in a marriage required in family law?
- Spousal support
- Property division
Which state’s law governs premarital agreements?
Either 1) where the contract was executed or 2) the state with the most significant relationship to the parties/transaction
When will the a parent be able to oppose the adoption of their child?
When a parent is involved and demonstrates a full commitment to the responsibilities of parenthood
What is the presumption regarding custody and third parties?
Custody with the parent is presumed to be in the best interest of the child.
A third party who wants custody must prove the parent is unfit or that granting the parent custody would be highly detrimental.
What are the three factors a court will examine in an alimony determination?
1) the parties’ financial resources and needs
2) marital contributions
3) marital duration
Some states will also look at spousal misconduct or one spouse’s support for the other’s education or training
When does alimony usually terminate?
If the spouse dies or gets remarried, or in some states, when the spouse begins cohabitating with another
