family law Flashcards
requirements to be married (cars)
- capacity to consent
- of marital age (or with judicial or parental consent)
- not closely related to other person
- single
Common law marriage requirements
- capacity to enter into a marital contract
- present agreement to be married
- cohabitation
- holding out a martial relationship to the community
recognition of marriage in other states and bigamy
marriage valid under hte law of hte place in which it was contracted will be valid else unless it violates a strong public policy of hte state that has the most significant relationship with the spouses
bigamy. bigamous marriage void from beginning. 2 marriage saving doctrines - presumption that most recent marriage is valid. removal of impediment (divorce) will render subsequent marriage valid
doctrine of necessities
a creditor may recover from the non-purchasing spouse on ad ebt that the purchasing spouse owes for necessaries furnished by the creditor
family privacy doctrine and spousal/intra family tort immunities
family privacy - disputes of intact families are treated by courts as private matters that should be resolved at home. this does not extend to parental decisionmaking that endangers the child.
spousal immunity - at common law, spouses could not sue each other. this has been mostly abolished.
intra-family tort immunity - members of a family could not sue each other. abolished in most states.
no-fault divorce
irreconcilable differences, and
a minimum period of separation (usually one year or less)
at-fault divorce
proving fault can increase alimony or property division award. grounds:
adultery, desertion without reasonable cause, cruelty, addiction, mental illness, felony conviction.
annulment
marriage void or voidable, invalid from date of inception. reasons for annulment:
1. fraud (in the essentials of marriage, ie, sex)
2. inability to consummate marriage
3. not allowed by law,
4. duress
putative spouse doctrine
spouse can seek divorce like remedies when an annulment is granted so long as there was a marriage ceremony and good faith belief in the marriage
custody determinations
best interest of the child:
1. child preferences
2. parents religious faith (court cannot pick one faith or other, but can inquire into religion if it damages children)
3. any other factor relevant to the child
kinds of child custody
physical/legal, joint/sole.
physical is right of parent to have child live with them.
legal is decisionmaking power.
joint is cooperative parents,
sole is when only one has it (usually when one is unfit)
when can you modify custody?
substantial change in circumstances
child support guidelines
reubttable presumption that the award that results from applying the guideliness is correct.
modification of child support
must show a substantial change in circumstances
1. significant involuntary income reduction would warrant relief.
2. voluntary reduction approach 2 ways: refuse to modify is shift was voluntary, multi-factor - see whether reduced party had good faith
retroactive modifications of child support
absolutely forbidden absent circumstances like fraud