Family Law

Question 1

Requirements for a valid marriage

Answer 1

1. Capacity: Legal ability to consent (age, mental capacity).
2. Formalities: Compliance with statutory requirements (license, ceremony).
3. Intent: Mutual intent to enter into a marriage relationship.

Question 2

Common Law marriage (elements)

Answer 2

Agreement to be married, cohabitation, and holding out as a married couple.

Recognition: Not all states recognize common law marriages; those that do require certain elements to be met.

Question 3

Void marriages

Answer 3

Void Marriages: Marriages that are invalid from the beginning (e.g., bigamy, incest)

Question 4

Voidable Marriages

Answer 4

Marriages that can be annulled due to certain conditions (e.g., fraud, duress, lack of capacity).

Question 5

Grounds for divorce

Answer 5

1. No-Fault Divorce: Irreconcilable differences or irretrievable breakdown of the marriage.
2. Fault-Based Divorce: Adultery, cruelty, desertion, substance abuse, etc.

Question 6

Annulment

Answer 6

Grounds: Lack of capacity, fraud, duress, bigamy, incest, non-age.

Effects: Marriage is declared void, as if it never existed.

Question 7

Equitable distribution (property division)

Answer 7

Marital Property: Assets acquired during the marriage.

Separate Property: Assets acquired before the marriage or by gift/inheritance.

Factors Considered: Length of marriage, contributions to marital estate, economic circumstances, etc.

Question 8

Community property

Answer 8

Equal Division: Generally, each spouse is entitled to half of the marital property.

Question 9

Community vs. Separate Property

Answer 9

Assets acquired during the marriage are community property, while those acquired before marriage or by gift/inheritance are separate

Question 10

Temporary (pendente lite) (spousal support)

Answer 10

Type of alimony

support during the divorce proceedings

Question 11

Rehabilitative (spousal support)

Answer 11

type of alimony

Support to enable the recipient to become self-supporting.

Question 12

Permanent (spousal support)

Answer 12

Type of Alimony

Support until the recipient dies or remarries

Question 13

Reimbursement (spousal support)

Answer 13

type of alimony

Compensation for financial contributions to the payer’s education or career.

Question 14

Whats considered when trying to figure out the alimony situation?

Answer 14

Length of the marriage, standard of living, age and health of both parties, earning capacities, contributions to the marriage, etc.

Question 15

Legal Custody

Answer 15

Child custody

Right to make major decisions about the child’s life (education, healthcare, etc.).

Question 16

Physical Custody

Answer 16

Child custody

Where the child lives and daily care.

Question 17

Joint custody

Answer 17

child custody

Shared legal and/or physical custody.

Question 18

Enforcing child support (if youre fucking up and not paying)

Answer 18

Wage garnishment, interception of tax refunds, contempt of court, and other measures.

Question 19

Protection orders

Answer 19

domestic violence

Temporary restraining orders (TRO) and permanent protection orders.

Relief available, including exclusion from the home, no contact orders, custody, and support.

Question 20

enforcement of protection orders

Answer 20

domestic violence

Violation of protection orders can result in criminal penalties and contempt of court.