Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Family Law > Family Law > Flashcards

Family Law Flashcards

1
Q

Requirements for valid premarital contract:

A

(1) writing and signed (2) voluntarily, (3) full/fair disclosure of assets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Marriage requirements:

A

(1) License, (2) ceremony w authorized officiant, (3) no legal impediments, and (4) capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two legal impediments to marriage:

A

closely related and bigamy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does the capacity requirement of marriage require

A

Parties understand actions and voluntarily agree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Elements of common law marriage:

A

Consent to marry (capacity and no legal impediments), cohabitation, and hold out as married

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Marriage by Estoppel or Putative Marriage

A

Spouse in good faith enters into marriage that is invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the doctrine of necessaries:

A

Allows third party to hold other spouse liable for spouse’s purchase of food, clothing, and healthcare

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is alienation of affection?

A

Third party diverts affection of spouse depriving other of marital relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Alienation of affection claim requires evidence of

A

(1) genuine love and affection, (2) alienation of love and affection, (3) caused by defendant’s actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What must be proven for criminal conversation claim?

A

Existence of marriage and act of adultery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Two examples of void marriage:

A

(1) Bigamy, and (2) Consanguinity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Examples of voidable marriages:

A

(1) Nonage, (2) Incurable physical impotence, (3) lack of capacity, (4) duress, (5) fraud

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is an annulment?

A

Doctrine that declares marriage invalid because impediment existed at the time of the marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the effect of an annulment?

A

Marriage set aside as if it never existed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When does a court have jurisdiction over a divorce?

A

One party is domiciled in the jurisdiction for set period (usually 90 days)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When does divorce court need PJ over the defendant?

A

Only when the filing spouse wants remedies beyond divorce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the three different grounds for a no fault divorce?

A
  1. irretrievably breakdown
  2. separate and apart for continuous period of time
  3. irreconciliable difference
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Grounds for fault based divorce:

A
  1. Adultery
  2. Desertion
  3. Extreme physical/mental cruelty
  4. Addiction
  5. Insanity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

No fault divorce defense:

A

Deny the existence of one of the grounds for no fault divorce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Four Defenses to fault based divorce:

A
  1. Collusion
  2. Connivance
  3. Condonation
  4. Recrimination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Effect of legal separation (divorce from bed and board)

A

Does not terminate the marriage but parties can have all their rights regarding property, spousal support, custody, and child support adjudicated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Two steps in property division upon divorce:

A

Classification and division

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Separate property of spouse includes property:

A

(1) owned before marriage, (2) acquired by gift or inheritance, (3) acquired in exchange for separate property, (4) income of separate property, (5) pain and suffering awards, (6) personal damages, and (7) property acquired after legal separation that includes final disposition of property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Marital property includes:

A

(1) property acquired during marriage, (2) earnings, (3) employment benefits, pensions, and stock options, (4) lost wages, (5) reimbursement for medical bills paid w marital property, and (6) recovery for damages to marital property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Separate property may become marital property through either:

A

commingling or transmutation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is alimony

A

spousal support obligation that court has great discretion in awarding

26
Q

Equitable division factors

A
  1. age, education, background, earning potential
  2. duration
  3. standard of living
  4. income
  5. source of money used to purchase property
  6. health
  7. assets, debts, liabilities
  8. needs
  9. child custody
  10. alimony
  11. opportunity to acquire
  12. contribution to acquisition
  13. homemaker
  14. economic fault
27
Q

Four types of alimony:

A
  1. Permanent Periodic
  2. Lump Sum
  3. Rehabilitative
  4. Reimbursement
28
Q

What is permanent periodic alimony

A

(1) paid regularly, (2) indefinite duration, (3) modified upon substantial change of circumstances

29
Q

What is lump sum alimony

A

(1) fixed amount payable at once or in payments, (2) not modifiable

30
Q

What is rehabilitative alimony?

A

(1) periodic payments for limited time to enable spouse to gain skills (2) specified time period, (3) modifiable upon proof of substantial change

31
Q

8 alimony factors:

A
  1. standard of living during marriage
  2. duration of marriage
  3. age, physical, mental condition of parties
  4. financial resources of parties
  5. contributions of parties
  6. time needed for party seeking support to obtain training
  7. ability of payor spouse
  8. marital fault
32
Q

When can periodic spousal support be modified?

A

Upon showing a substantial change of circumstances regarding needs of recipient or ability of payor

32
Q

What is reimbursement alimony?

A

(1) awarded to spouse who supported other in obtaining professional license or degree, (2) specified period, (3) not modifiable

33
Q

When does spousal support terminate?

A

death of either or remarriage of recipient

34
Q

Tax consequences of alimony pre 2019

A

deductible by payor income of recipient

35
Q

Tax consequences of alimony under modern law

A

not a taxable event

36
Q

The duty to support a child ceases upon:

A
  1. 18
  2. death of child
  3. emancipation of child, or
  4. termination of parental rights
37
Q

Original jurisdiction to enter child support order is proper where:

A

The first petition is filed

38
Q

Another state other than where petition is filed can exercise jurisdiction only if:

A

(1) the second petition is filed before the time to answer the first has expired, (2) the petitioner objected to jurisdiction in first action, and (3) second state is child’s home state

39
Q

When may child support order be modified?

A

Substantial and continuing change of circumstances affecting needs of child or ability of payor

40
Q

Sanctions for failure to pay child support:

A

(1) interception of tax refund, (2) contempt of court, (3) forfeiture of licenses, (4) seizure of real estate, (5) attachment of wages, (6) order to pay attorney’s fees

41
Q

What is the default test for determining which court has jurisdiction over child custody order?

A

Home state jurisdiction

42
Q

If the home state jurisdiction does not apply a court has jurisdiction to enter or modify child custody order if:

A

(1) child and at least one parent has significant connection w state, and
(2) substantial evidence concerning the child is available in the state

43
Q

A court has home state jurisdiction where:

A

(1) the state is the child’s home state, or (2) was the child’s home state within the past six months but the child is absent but a parent or guardian continues to live there

44
Q

Where is a child’s home state?

A

The state where the child lived with a parent for at least six consecutive months immediately before commencement of the proceeding

45
Q

Another state other than issuing jurisdiction can only exercise jurisdiction over child custody order if:

A

(1) no child or parent continues to reside in issuing state OR (2) the child no longer has significant connection w issuing state and substantial evidence relating to matter no longer available in that state

46
Q

What is legal custody

A

right to make major life decisions for the child

47
Q

What is physical custody

A

possession and control of the child

48
Q

what is joint custody

A

joint physical, legal, or both

49
Q

What is the standard applies when awarding custody and visitation?

A

The best interests of the child

50
Q

6 factors for determining the best interests of the child when awarding custody or visitation:

A
  1. wishes of parents
  2. child preference (under 8 not considered over 12 great weight)
  3. Child’s relationship w parents, siblings, and others
  4. Child’s adjustment to home, school, community
  5. Parties mental and physical health
  6. Who has been primary caregiver
51
Q

Joint custody considerations:

A
  1. fitness of parents
  2. agreement of parents
  3. parent’s hostility
  4. child preference
  5. level of parental involvement
  6. geographical proximity of parents homes
  7. similarity/dissimilarity of homes
  8. psychological development
  9. parents ability to carry out joint custody
52
Q

What must be shown to award sole custody to a parent?

A

strong evidence that sole custody is in best interests of child

53
Q

When will court award custody to nonparent?

A

if nonparent shows parent unfit or harm to child will result

54
Q

When will a court allow custodial parent to move?

A

(1) best interest of child, (2) move motivated by benefit to family, and (3) move not intended to thwart relationship w other parent

54
Q

What is considered in determining whether a nonparent has visitation rights?

A

best interest of child and prior relationship between child and nonparent (wishes of fit parent control on this issue however)

55
Q

When will a custody award be modified?

A

Substantial and material change of circumstances affecting the child’s well-being (best interest of child is overriding concern)

56
Q

Distinctions between marital and nonmarital children receive what type of scrutiny?

A

IS –> must be substantially related to important gov interest

57
Q

What is the presumption of parentage?

A

father of child born during marriage or within 300 days of marriage termination is the father

58
Q

What is required to rebut the presumption of parentage?

A

Clear and convincing evdience

59
Q

A child is the child of an unwed father if:

A
  1. parents married after child birth
  2. father holds out child as his biological child
  3. father consents to be named on birth certificate
  4. father formally acknowledges paternity
  5. court order establishing paternity
60
Q

Grounds for involuntary termination of parental rights:

A
  1. infliction of serious physical harm
  2. abandonment
  3. neglect or deprivation
  4. failure to provide support
  5. mental illness or retardation
  6. parental unfitness
61
Q

Two requirements for adoption:

A

(1) termination of natural parents rights, (2) creation of new parental rights

Family Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions