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MEE > Family Law > Flashcards

Family Law Flashcards

1
Q

what is required for a valid prenup

A
  1. voluntarily in writing and signed
  2. full and fair disclosure of all party assets
  3. some court will look to see if provisions are fair and reasonable
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2
Q

what statute governs prenups and what is COL for it

A

UPAA - COL where executed or most significant relationship

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3
Q

requirements for ceremonial marriage

A
  1. license
  2. ceremony w/ authorized officiant
  3. no legal impediments to marriage (bigamy, etc)
  4. capacity to consent
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3
Q

does a failure to have proper license invalidate ceremonial marriage

A

no

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4
Q

requirements for common law marriage

A
  1. consent to marry
    2.. cohabitation
  2. holding themselves out publicly as spouses
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5
Q

marriage by estoppel

A

equitable remedy to protect innocent parties in acquiring assets/right

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6
Q

doctrine of necessaries

A

make one spouse liable to third parties for spouse’s purchase of necessaries even if they dont live together

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7
Q

alienation of affection vs criminal conversion

A

alienation: proof that D’s action caused loss of love (no adultery necessary)

criminal conversion: cheating

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8
Q

what does annulment do

A

declares marriage invalid because was void or voidable

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9
Q

void vs. voidable marriage

A

void marriages cannot be ratified; complete nullity (but may be valid if the impediment to voidness is removed)

voidable marriage valid until null and can be ratified

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10
Q

defenses to annulment

A

ratification, laches, estoppel

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11
Q

is spousal support awarded with annulment

A

no, property goes to pre-marriage position

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12
Q

how does jurisdiction over divorce work

A

as long as jx over one person, there is in rem PJ; no need for PJ over both Ds

note. cant award property or awards though

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13
Q

grounds for divorce (no fault)

A

bilateral agreements – incompatible/irretrievably broken

unilateral or bilateral - living apart for specified time

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14
Q

grounds for divorce (fault)

A

adultery (opportunity + inclination needed)
willful desertion
cruelty
insanity

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15
Q

defenses to no fault divorce

A

reconciliation only

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16
Q

defenses to fault divorce

A

collusion; consent to misconduct; forgivness; unclean hands

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17
Q

what is legal separation and why

A

marriage continues but parties have rights re: custody, child support, etc

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18
Q

can a court with pj over one party determine property issues in divorce

A

cannot determine out of state property unless PJ over both parties

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19
Q

how is property divided?

A

3 approaches

  1. community property - 1/2 1/2 marital property
  2. equitable division of ALL property
  3. equitable division of marital property
20
Q

separate property vs marital property

A

Separate property = things before marriage, inheritance, income from separate property, pain and suffering awards, etc.

Marital property = property acquired during marriage, earnings, benefits, lost wages, reimbursement, anything that’s replacement income

21
Q

when does commingled property become marital property

A

when cant trace funds anymore

22
Q

whose property is it if property was acquired before marriage but paid for after

A

majority: contribution based

minority: title

23
Q

what is considered for equitable division in property?

A

i. Age, education, background
ii. Duration
iii. Standard of living
iv. Incomes, source of money
v. Health of parties
vi. Needs of parties
vii. Child custody and alimony
viii. Future earnings
ix. Economic fault (if one party squandered)

24
Q

what are 4 types of alimony

A

permanent periodic spousal supper
lump sum
rehabilitative
reimbursement support

25
Q

permanent periodic spousal support

A

paid regularly to support spouse; indefinite until death or remarriage; modifiable

26
Q

lump sum payment

A

fixed payment; until paid off; no modification

27
Q

rehabilitative alimony

A

periodic payments allowing spouse to gain skills; specified period of time; modifiable

28
Q

reimbursement support

A

reimburse spouse who supported other through professional license or degree; specified amount no modification

29
Q

Under what conditions is alimony modifiable

A

substantial change in circumstances = unforeseeable events

30
Q

does quitting a job count as unforeseeable events

A

no

31
Q

tldr of alimony considerations

A

needs of claimant, ability to pay

32
Q

separation agreement. what need?

A

amicable agreement figuring out all the issues

voluntary
full and fair disclosure
consideration of mutual promises

33
Q

are courts bound by separation agreement

A

not re children

34
Q

how long does someone need to pay child support

A

i. Age of majority
ii. Death
iii. Emancipation
iv. Termination of parental rights
v. Note: may be indefinite for severely disabled child or changed for up to certain level of education

35
Q

how does jx work for child support? who governs?

A

UIFA says that original jx where petition filed unless
1. Another state gets jx if 2nd petition filed before time to answer expire;
2. P objected to jx in the first action
3. 2nd state is child’s home state

36
Q

does issuing court have continuing and exclusive jx over child support order? what does this mean?

A

yes, only they can modify unless jx is moved by all parties moving or consent

37
Q

how is initial custody determined re: jx

A

i. Occurs in child’s home state; or
ii. Was child’s home state within past 6 months but moved and parent still lives there

38
Q

does court have continuing and exclusive jx over custody order

A

yes unless all parties moved or child has no significant connection in state

39
Q

what factors go into best interest of the child?

A

i. Wishes of parents
ii. Child’s preference if above 12
iii. Child’s relationship with parents
iv. Child’s adjustment to home, school, and community
v. Parent’s mental and physical health
vi. Primary caregiver

40
Q

when is joint custody given

A

when parents can co-parent; look to agreement, fitness, ability to communicate with each other

41
Q

does non-custodial parent have right to visitation

A

yes unless harm to child

42
Q

can parents take away visitation from grandparents

A

court must give preference special weight

43
Q

when is a custody award modifiable

A

when material change in circumstance affecting child’s well-being

see hypo where mom gets better but child is thriving with grandma. Custody will not change.

44
Q

when is husband presumed to be father

A

Mother’s husband presumed to be father of child born during marriage of within 300 days of marriage’s termination

45
Q

who can bring paternity suit

A

child, state, or mother

18 year SOL

46
Q

grounds for involuntarily termination

A

i. Abuse
ii. Abandonment
iii. Neglect
iv. Failure to provide support
v. Mental illness

note: court will work to get back if change in circumstances

47
Q

what does a gestational agreement need

A
  1. Voluntary
  2. Writing
  3. Approved by court
  4. Not limit rights of surrogate healthcare decisions
  5. Provide reasonable consideration

note. can transfer before any time before embryo transfer

MEE (7 decks)

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