Family Law Flashcards
When do courts give full faith and credit?
divorce decrees of sister state if sister state had property jurisdiction
Child support orders
When is jurisdictional requirement satisfied for divorce
when one spouse is domiciled in state granting divorce
to acquire PJ over spouse not in state for division of marital property
minimum contacts or submission to the jurisdiction of the state
Uniform Child Custody Jurisdiction and Enforcement Act
state may exercise jurisdiction if home state of child or within 6 months of proceedings and parent still resides in jurisdiction
The federal parental kidnapping prevention act
requires states to enforce a custody order of another state, but only if the state entering the custody decree had some state jurisdiction
Marriage requirements
license
officiant
no legal impediments
capacity to consent
CL marriage
consent to marry
cohabitation
hold themselves out as spouses
Types of divorce
no-fault
fault
No fault divorce
irreconcilable differences
living separate & apart for specified time
unilateral (90 days - 18 months)
bilateral
incompatibility
fault based divorce
adulty - usually circumstances of opportunity & inclination
desertion (abandonment) - must be unjustified, refuses after being asked
cruelty
habitual drunkenness or drug abuse
insanity
