Brainscape's Knowledge GenomeTM

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


See full index

MEE Rule Statements > Family Law > Flashcards

Family Law Flashcards

1
Q

Before Marriage

Breach of Promise to Marry

A

Works like a contract claim, but provides tort damage including actual damages (like money spent for wedding) and damages for loss of reputation, mental anguish, and injury to health. Punitive damages also available.

Abolished in most states

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

Before Marriage

Gifts in Contemplation of Marriage

A

If the marriage does not take place, gifts conditioned on the marriage (engagement rings) must be returned.

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

Before Marriage

Prenups

A

Valid contracts that adress the rights of parties upon divorce or death. Marriage is sufficient cosideration to support a prenup.

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

Before Marriage

Requirements for Prenup Validity

A
  1. Contract must be in writing and signed
  2. Agreement must be entered into voluntarily
  3. There must be full and fair disclosure of the parties’ assets or proof that the party against whom the agreement is being enforced had independent knowledge of the assets.
  4. Under the UPAA, courts only examine this element if the agreement is unconcsionable.
  5. Some courts consider whether the economic provisions are fair and reasonable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Marriage

Requirements

A
  1. License
  2. Ceremony with Authorized Officiant
  3. No legal Impediments
  4. Capacity to Consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Marriage

License

A

Most states require that persons intending to marry obtain a license.

Failure to meet procedural requirements of a license will not invalidate the marriage.

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

Marriage

Ceremony

A

Generally, a marriage must be solemnized by a ceremony with an authoried officiant.
(Judge, Clergy, etc.)

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

Marriage

Legal Impediments to Marriage

A
  1. Consanguinity - Too closely related
  2. Bigamy - Undissolved previous marriage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Marriage

Capacity to Consent

A

Must have the mental ability to consent, look for
- Alcohol or Drugs
- Fraud, durress, coercion, or force
- Age (18 good, 16-17 w Parental consent, under 16 judicial consent)

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

Marriage

Valid Common Law Marriage

A
  1. Consent to Marry
  2. Cohabitation (usually fo 1 year or more)
  3. Couple holding themselves out as married (joint accounts, joint titles, etc.)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rights and Responsibilities of Spouses

Property in the Marriage

A

Each spouse owns and controls the property in their own name, but title is not dispositive in the event of divorce.

Most property acquired during the marriage is marital property no matter how it is titled.

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

Rights and Responsibilities of Spouses

Obligation to support

A

Doctine of Necessaries can be used to make one spouse liable to third parties for the other spouse’s purchases for necessary expenses.

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

Rights and Responsibilities of Spouses

Spousal Abuse Orders

A

Every state has laws protecting victims of domestic abuse.
Protective orders can be granted ex parte and can last from one month to several years depending on the jx.

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

Rights and Responsibilities of Spouses

Alienation of Affection

A

If a third party diverts the affection of one spouse so that the other is deprived of a marital relationship, the deprived spouse can sue the third party.

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

Rights and Responsibilities of Spouses

Alienation of Affection Requirements

A
  1. Genuine love and affection between the spouses
  2. Evidence that love was alienated or destroyed
  3. Proof that the D’s actions caused the loss of love and affection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Rights and Responsibilities of Spouses

Criminal Conversation

A

When one spouse cheats, the other may have a cause of action against the third person.

Need to prove:
1. Valid Marriage
2. Adultery

been abolished in most states.

16
Q

Divorce and Separation

Residency Requirements

A

To have Jx, only one of the parties needs to be domiciled, most states have a minimum residency requirement.

17
Q

Divorce and Separation

In Rem Action

A

Decree can be ordered anywhere one party is domiciled, but property has to be distributed by a court with PJ over D

18
Q

Divorce and Separation

No-Fault Divorce

A
  1. Both spouses agree the marriage is irretrievably broken (irrenconcilable differences). Bilateral no-fault divorce
  2. Spouses have to have been living apart for a specified and continuous period of time. Can be unilateral or bilateral no-fault divorce
  3. Both spouses agree they are now incompatible and no longer can be married.
19
Q

Divorce and Separation

Fault Grounds

A
  • Adultery
  • Willful Desertion (abandonment)
  • Extreme physical or mental cruelty
  • Voluntary drug or alcohol abuse after commencing the marriage
  • Insanity
20
Q

Divorce and Separation

Defenses to Divorce

A

No Fault:
- Denial of Grounds

Fault-Based:
- Collusion: agreement to simulate grounds for divorce
- Connivance: Willing consent to the other spouse’s misconduct
- Condonation: forgiving or marital offenses w full knowledge + resumption of marital relations
- Recrimination: when party seeking divorce guilty of the misconduct which a divorce may be granted

21
Q

Property Divison

Three Approaches

A
  1. Community Property
  2. Equitable Division of all Property
  3. Equitable division of Marital Property (most common)
22
Q

Property Divison

Community Property

A

All property acquired during the marriage is deemed owned one-half by each spouse, and all property brought into the marriage or acquired by gift is separate property.

23
Q

Property Division

Equitable Division of all property

A

Court divides all property owned by either spouse, whether acquired before or after the marriage.

24
Q

Property Division

Equitable Division of Marital property

A

Each spouse takes their separate property, and the court only divides the property acquired during the marriage.

25
Q

Property Division

Property Distribution Orders

A

ARE NOT MODIFIABLE

26
Q

Property Division

Separate Property

A
  • Property owned before marriage
  • Property acquired by gift or inheritance
  • Property acquired in exchange for separate property
  • Income and appreciation of separate property
  • Pain and suffering awards
  • Personal damages
  • Property acquired after an order of legal separation that includes a final disposition of property
27
Q

Property Division

Marital Property

A
  • Property acquired during the marriage
  • Earnings
  • Employment Benefits, pensions, and stock options
  • Lost Wages
  • Reimbursement for medical bulls and paid with marital property
  • Recovery for damages to marital property
28
Q

Property Division

A

MEE Rule Statements (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions