Family Law Flashcards
1
Q
Spousal Support Consideration
A
- Standard of living during the marriage;
- Duration of the marriage;
- Age, physical, mental conditions of parties;
- Financial resources of each party (including how martial property is apportioned);
- Contributions of each party to the marriage;
- Time needed to obtain education or training to find gainful employment;
- Ability of the payor spouse to meet their needs
2
Q
Child Support - Deviating from the Guideline
A
- Court may but it must make findings of fact justifying the deviation
3
Q
Jurisdiction for Divorce
A
- One of the parties must be a bona fide resident of the jurisdiction where the action was brought
- States can set a minimum duration for residency before such an action can be brought
- Personal jurisdiction over the defendant is not required
4
Q
Personal Jurisdiction for Property Division
A
- Generally, a court cannot determine
- out-of-state property rights; or
- Rights to support without jurisdiction over both parties (ex parte)
5
Q
Grounds for No-Fault Divorce
A
- May be granted upon showing:
- irretrievable breakdown (one spouse disagreeing is irrelevant)
- parties living separate and apart for a specific period of time
6
Q
Premarital Agreement Requirements
A
- Writing
- Voluntary
- Based on full and fair disclosure of each party’s financial worth
7
Q
Premarital Property Division Agreement Considerations
A
- Must contain fair and reasonable economic provisions
- Unconscionability is determined at the time the agreement was formed
8
Q
Premarital Agreement Regarding Spousal Support
A
-
Against public policy to enforce a waiver of spousal support if:
- It would leave a spouse dependent on the state (public charge)
9
Q
Joint Custody Factors
A
- Fitness of both parents;
- Whether the parents agree on joint custody;
- Parents’ ability to communicate and cooperate concerning the child;
- Child’s preference;
- Level of involvement of each parent in the children’s lives
- Geographic proximity of the parents’ homes; and
- Effect joint custody will have on the children’s psychological development
10
Q
Common Law Marriage
A
- Capacity;
- Exchange of consent;
- Cohabitation;
-
Holding out publicly of living together as spouses
- Factors:
- Last name
- Joint bank account
- Telling others they’re married
- Factors:
- Tip: consider cohabitation contract (as long as sex isn’t only consideration)
11
Q
Adoption - Unwed Father
A
- Generally child cannot be adopted without consent of biological parents
- Depends on fathers’ involvement with the child
-
Factors:
- Whether the parents lived together
- Whether father admitted paternity
- Whether father paid child support
- Whether father had any responsibility for supervision, education, protection, or care
12
Q
Jurisdiction Over Custody Dispute
A
- Under UCCJEA state may exercise jurisdiction if
- it is home state of child at time proceedings began or
- within six months of the proceedings and a parent still resides in state
- Child’s home state = state in which child lived with parent for at least six consecutive months before proceedings began
13
Q
Parental Kidnapping Prevention Act
A
- Requires states to enforce custody order of another state, but only if
- The state entering custody had home state jurisdiction
14
Q
General Custody Factors
A
- Wishes of parent
- Wishes of child
- Interrelationship of child with his parents, siblings, and others
- Child’s adjustment to home, school, and community, and
- Mental and physical health of all parties
15
Q
Settlement Agreement (during marriage)
A
- Governed by general contract law
- Full and fair disclosure by both parties
- Economically fair
- Entered into voluntarily without undue influence
- Can be set aside for fraud, duress, or coercive behavior resulting in an unfair agreement
