Family Law Flashcards
Florida is a _____ divorce state
no-fault
To grant divorce, court must find that the marriage is _____.
Irretrievably Broken
Requirements for a Prenup
Signed Writing by Both Parties
Unenforceable if the party against whom enforcement is sought proves the agreement was (i) not made voluntarily, (ii) the product of fraud or duress, or (iii) unconscionable when executed and made without a fair and reasonable disclosure of the property or financial obligations of the other party.
Can be set aside if a spouse later becomes eligible for welfare.
Child Support is based on the _______.
Best Interests of the Child (each parent must complete a parenting course prior to final judgment )
An award of alimony is based on ____ and ____.
Need; ability to pay
date for identifying whether property, assets, and liabilities are marital or nonmarital is the earliest of
(i) the date of the filing of the complaint for divorce, (ii) the date that a valid property settlement agreement was executed, (iii) the date provided in the parties’ valid property settlement agreement, or (iv) the date provided by the court that has been determined to be fair and equitable under the circumstances
Attorney’s Fees
spouse must demonstrate a lack of funds in comparison to the other party and must demonstrate that the other spouse has the means to provide the funds. The court will also consider other factors, including the length and history of litigation between the parties and whether the litigation was primarily to harass the other spouse.
Spousal Support (Alimony) Factors
standard of living established during marriage;
marriage duration;
age and condition of each party; financial resources;
earning capacities, educational levels, vocational skills, and employability;
time necessary for either party to acquire qualifications to find appropriate employment;
contribution of each party to the marriage;
expected responsibilities for minor children in common; tax treatment/consequences;
all sources of income available to either party;
any other factor necessary to do equity and justice between the parties
Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”)
Court has subject-matter jurisdiction to preside over custody hearings if: o It is the child’s home state and has been the home state for a period of six months or since birth, if the child is less than six months old, or o It was the child’s home state in the past six months, and the child is absent from the state, but a parent (or guardian) continues to live in the state
Factors for distribution of marital property
length of marriage;
economic circumstances of each spouse;
contribution of each spouse to marriage;
contributions of one spouse to education or career of other spouse;
interruptions to either spouse’s personal career or education; interest of one spouse retaining an asset free from the claim of the other spouse;
contribution of spouses to improvement of the marital assets; dissipation of marital assets;
interest of one spouse to retain marital residence for dependent children;
any other factors the court finds necessary and just (need not consider whether alimony will be awarded)
Postnuptial agreements
In order to be enforceable, the agreement must be entered into voluntarily and not be the product of fraud, duress, coercion, or overreaching. The agreement must not be unconscionable when it was executed if there was not fair and reasonable disclosure of the property or financial obligations of the other party, that the party did not voluntarily waive, in writing, such disclosure, and did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
