family law

Question 1

gifts in contemplation of marriage

Answer 1

if no marriage, must give back

Question 2

premarital agreement

Answer 2

ok, but can’t dictate terms for child care/support

Question 3

prenuptial agreement validity

Answer 3

signed writing
voluntary
full and fair disclosure
no unconsciounability

may also include fair and reasonable analysis

if ind counsel, far less likely to rule unenforceable

if no choice of law, then state where executed

Question 4

need a licnese to get married?

Answer 4

yes, most states BUT wont invalidate marriage

Question 5

who cant get amrried

Answer 5

not too closely relate

no undissolved marriage

Question 6

age to consent

Answer 6

18, 16-17 w/parents, under with court approval

Question 7

common law marriage

Answer 7

conset to marry
cohabitation
holding selves out as married

Question 8

doctinre of neccessaries

Answer 8

spuse can be liable to thrid party for other spouses necessary expenses

Question 9

protective orders

Answer 9

ex parte

one to several years

Question 10

alenation of affection

Answer 10

diversion of affection from a spuse

no adultery req

Question 11

crimainl conversation

Answer 11

adultery, criminal liability

Question 12

what voids a marriage

Answer 12

bigamy (two marriages)
polygamy
parties too closely related

Question 13

voidable marriage

Answer 13

under age of consent
incurable impotence
lack of capacity
duress
fraud

Question 14

effect of annulment

Answer 14

put marrriage asside as if it didnt exist

Question 15

defend an annulment

Answer 15

if annulment by defect, deny the defect exists

if a voidable defect, ratification of spouse

Question 16

how is property divded in a annulment

Answer 16

court look to put in premarriage position

Question 17

jurisdcition for divorce

Answer 17

only one party msut be domiciled, usually min residence of 90 days

for financial issues, must have PJ over D

Question 18

grounds for divorce

Answer 18

no fault:

• marriage is irrevocably broken
• living apart for a specified continuous perido of time
• -parties are incompatible

adultery

willful desertion

extreme mental/physical cruelty

drug addiction or habitual drunkeness

insanity

Question 19

defense to divorce

Answer 19

no fault: deny existence of grounds

fault based:

collusion

connivnace: essesntially ratification of other spouse conduct
condonation: forgiveness of other spuse conduct

Question 20

proerperty division

Answer 20

community property: all property acq during marriage deemd one half owned by each, then all property before returns to original owern

equitable division of all property

equitiable division of marial property: all property in marriage divdied, all property before kept

Question 21

seperate property

Answer 21

pre marriage
by gift/inherit
personal damages

Question 22

marital porperty

Answer 22

earnings
employemnt benfits
lost wages
bascially anythign during marriage

Question 23

what if property is improved during marriage

Answer 23

still sepearte if seperate, but owe the other spuse half of the imrpvoement cost

Question 24

criteria for property division

Answer 24

age/earning cap of both parties
durantion of marriage
standard of living
present incomes
source of money used to purchse proeprty
assets laibilities of both parties
needs of parties
contribution to acqu
contribution as homemaker
economic fault

Question 25

alimony

Answer 25

econ support payment to spouse

court has great discretion

Question 26

types of alimony

Answer 26

permanent peridoic spusal support. not a set amount. can be modififed

lump sum: all at once OR series of payment. set amount. cant be modieifed

rahabilitative support: givven if one spuse supported the other while attaaing a pro degree. can be modified. fixed sum

Question 27

factors for alimony

Answer 27

standrad of living
duration of marriage
age and condition of spouse
finacial resoucres of parties
marital fault (ONLY for alimony, NOT for property division)
ability of other spouse to meet thier own econ need while pay ing alimony

Question 28

when is alimony terminated

Answer 28

remarriage/death of spouse

Question 29

seperation agreement

Answer 29

full and fair dis
voluntary
can waive proeprty and alimony, but court not boudn by child support terms

Question 30

child support

Answer 30

both parties have equal duty to support kid

Question 31

can visitiation be withhedl fo failure of child support

Answer 31

no

Question 32

jurisdcition over child support

Answer 32

where first petition is filed

petitioner can object only if

• child home is state
• objected in first act

Question 33

can another state enforec child support

Answer 33

yes

• direct action: straight to obligors emplyer
• registration: can register order with another state

Question 34

modification

Answer 34

original state to file can modify

Question 35

child custody

Answer 35

home state jurisdiction!!!!:

child home state OR was home state in last six month AND a parent is still present in state

issuing court has exclusvie continuning jurisdiction

state can deny jurisdcition if it is an inconvient forum under the circumstance

Question 36

best interest of the child standard

Answer 36

wishes of parent
childs preference
child relationshiip with parent
childs adjustment
parents condition
primary caregiver

Question 37

what custody is preferred

Answer 37

joint custody

Question 38

wahts req for relocation

Answer 38

notice and a hearing