Family Law Flashcards
What does the term “time-sharing” refer to?
visitation
Under what circumstances may a party assert condonation as a defense to annulment of a marriage?
If
(1) the spouse has knowledge of the misconduct or defect to the marriage;
(2) the spouse forgives the misconduct or defect; and
(3) the spouse resumes relations with the guilty spouse.
If parties to a marriage have minor children of the marriage or a responding party denies that the marriage is irretrievably broken, what actions may a court take?
(i) Continue the proceedings for max 3 months for the parties to attempt reconciliation;
(ii) Order counseling for either party or both; or
(iii) Order the parties to take any actions that the court feels is in the best interests of the parties and the minor children.
When does Florida provide a simplified procedure to dissolve a marriage in county court?
When
(i) the parties agree that the marriage is irretrievably broken;
(ii) there are no minor or dependent children;
(iii) the wife is not currently pregnant; and
(iv) the parties have amicably divided all of their property, assets, and debts.
What are the three circumstances that result in a void marriage?
(1) Prior existing marriage
(2) mental incapacity
(3) incest
A judgment terminating parental rights pending adoption is __________ if the court finds that a person knowingly gave false information that prevented the parent from timely making known a desire to assume parental responsibilities toward the minor or from exercising her parental
rights.
This action must be brought no later than __________ after the entry of judgment.
voidable; one year
when a parent or someone entitled to access or time-sharing with a child desires to relocate, that parent may be required to secure:
(i) the agreement of every other person entitled to access to or time-sharing with the child;
or
(ii) the court’s approval.
How many attesting witnesses must be present if a party signs a provision in a premarital agreement relating to whether or not to make a will or whether or not to give a devise?
2
children born of a void or voidable marriage later annulled are not considered marital children, except for probate purposes.
When is the increase in value of nonmarital property during the marriage marital property
(1) the increase is the result of the efforts of either spouse, or (2) the increase results from the contribution of marital funds or marital assets.
What interests are not subject to distribution as marital property?
Professional licenses/degrees, future interests in property, and social security benefits.
Under the modern trend, when is marital misconduct of an adulterous party considered in alimony proceedings?
When the adultery contributed to a dissipation of marital assets or resulted in a negative financial impact.
When does a court has subject-matter jurisdiction to preside over custody hearings and to enter or modify custody or visitation orders?
When the state:
(i) is the child’s home state and has been for 6 months or since birth, if the child is less than six months old; or
ii) was the child’s home state in the past 6 months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.
If a parent’s domestic violence resulted in a ________ conviction or higher, there is a rebuttable presumption that shared parental responsibility is detrimental to the child
first degree misdemeanor
What are the five requirements for a relocation agreement?
(1) must be in writing
(2) Signed by the parent and the other persons;
(3) Reflect consent to the relocation;
(4) Describe an access or time-sharing schedule for the non-relocating parent and anyone else entitled to access/time-sharing; and
(5) Describe, if necessary, any transportation arrangement related to time-sharing access.
