Family Law Flashcards
What are the 3 requirements for a valid marriage?
(1) parties obtain a marriage license prior to the ceremony
(2) marriage is solemnized by a ceremony
(3) both parties consent
What are the 3 requirements for a common law marriage?
(1) parties agree and intend to be married
(2) cohabit for the statutory period
(3) hold themselves out to the public as married
What are the 3 requirements for a valid premarital agreement?
(1) in writing and signed by the parties; satisfies SOF
(2) must be entered into voluntarily
(3) both parties fully disclosed their property and financial obligations
What 4 types of property are generally considered separate property for the purposes of property division at divorce?
(1) all property acquired by either spouse before the marriage
(2) all property acquired by the spouse during the marriage by gift, bequest, devise or descent
(3) all property either spouse acquires w/ proceeds of the spouse’s separate property
(4) all passive appreciation of separate property
What 5 factors to courts generally look at to determine distribution of marital property?
(1) income, property and liabilities of each party
(2) duration of marriage
(3) obligations for support arising out of prior marriage
(4) standard of living during the marriage
(5) contributions made by each spouse towards accumulation of marital property
What 6 factors do courts consider when determining the appropriate spousal support award?
(1) financial resources of party seeking maintenance
(2) time necessary for spouse to obtain appropriate job
(3) duration of marriage
(4) standard of living during marriage
(5) age and physical/emotional condition of spouse seeking maintenance
(6) ability of spouse paying the support to meet their own needs
What must a party establish when seeking modification of spousal support award?
Typically has the burden of showing a significant and continuing change in circumstances in their needs or the financial abilities of the obligor that warrant he modification
What is the standard for modification of child support?
Substantial, material change in circumstances regarding the child’s needs or parents’ financial situation that is expected to continue
What are 5 common factors courts will consider in determining the child’s best interest in ordering child custody?
(1) ability and willingness of parents to perform functions for the child’s needs
(2) child’s wishes; given more weight the older the child is
(3) interaction and relationship of the child with parents, siblings and others
(4) child’s adjustment to child’s home, school and community
(5) mental and physical health of all involved parties
What 2 elements must be shown in order to modify a child custody order?
(1) circumstances have substantially changed
(2) modification would be in the child’s best interests
Under the UCCJEA, what is home state jurisdiction?
Where the child has lived with a parent for six months
If the child has moved, the home state can still have jurisdiction if (a) it was the home state within the last 6 months and (b) a parent or guardian still lives there
Under the UCCJEA, what is significant connection jurisdiction?
(1) no other state is the home state under the UCCJEA
(2) the child and at least one parent have significant connections to the new state
(3) there is substantial evidence in the state concerning the child
Under the UCCJEA, when does default jurisdiction apply?
(1) no court w/ home state
(2) no court w/ significant connections
(3) court in a state that has appropriate connections to the child
Under the UCCJEA, what is temporary emergency jurisdiction?
Court can assume emergency jurisdiction if:
(1) child is in danger
(2) child requires immediate protection
Under the UCCJEA, what is exclusive continuing jurisdiction?
Court that made the initial rulings in the custody case continues to have jurisdiction until:
(1) parties no longer reside in the state
OR
(2) child no longer has significant connections to the state and no substantial evidence continues to be available in the state
