Family Law Flashcards
requirements for a marriage license
- waiting period
- of age
- marriage
- sometimes, medical testing
requirements of a common-law marriage
- cohabitation
- capacity
- conduct (hold themselves out to be married)
- consent
termination of a valid marriage
- death
- annulment
- divorce
grounds for void marriages
- bigamy
- incest
- incapacity
grounds for voidable marriages
- intoxication
- fraud
- age
- impotence
- lack of intent
grounds for fault divorce
- adultery
- cruelty
- desertion
- habitual drunkenness
- bigamy
- institutionalization
- imprisonment
- indignity
marital property
property acquired during marriage except by gift, devise, inheritance, or descent
modification of property award
not allowed
spousal support
obligation of one party to pay income to the other who can’t provide for his own needs
factors for spousal support
- contributions during marriage
- length of marriage
- age and health
- marital misconduct (rarely)
- financial status
- earning potential
- standard of living during marriage
- time required to train/find a new job
modification of spousal support
significant and continuing change in the circumstances of the providing spouse or the needs of the receiving spouse
note: voluntarily decreasing one’s income is not valid reason to lower spousal support
permanent alimony
awarded for the rest of the dependent’s life; usually only if the marriage was long (>15 years)
limited-duration alimony
awarded for a set period if economic need but marriage was short
rehabilitative alimony
awarded for the period of time while the spouse receives an education or training to improve earning capacity
reimbursement alimony
awarded (rarely) to compensate spouse for sacrificing during marriage by having reduced standard of living then in order to have better standard of living in the future; based on past contributions rather than present or future needs
child support
payment by one parent to the other for the support of a common child; a right of the child, can’t be bargained away by parents
modification of child support
substantial and continuing change in circumstances regarding child’s needs or parents’ finances
state’s jurisdiction to modify child support order
if not issuing state, no jurisdiction unless none of the parties live there or the parties expressly permit the state’s jdx
child custody determination
based on the best interests and welfare of the child
- consider who the primary caretaker is
- parents are presumptively preferred over third parties unless they are unfit
- child’s preference may be considered depending on age and maturity
modification of child custody
substantial and unforeseen change in circumstances; relocation requires legitimate and reasonable purpose
UIFSA
for child support proceedings, court has PJ over out-of-state parent in many ways, e.g., personal service, conception, previous residency with child in the state
UCCJEA
for child custody and visitation issues, court has SMJ if one of three kinds of jurisdiction:
- home state jurisdiction
- significant connections jurisdiction
- default jurisdiction
home-state jurisdiction
- is the home state
- OR was the home state in the past six months, and child is absent, but a parent still lives there
home state
state where child has lived with parent for six consecutive months prior to proceeding or, if under six months old, then since birth
significant connections jurisdiction
when no state has home-state jurisdiction:
- child and at least one parent have a significant connection to the state AND
- substantial evidence about the child’s care and relationships exists in the state
default jurisdiction
when no state has either home-state or significant-connections jurisdiction:
any state that has appropriate connections to the child
exclusive continuing jurisdiction
UCCJEA SMJ lasts until
- the parties no longer reside in the state
- OR the child no longer has a significant connection to the state and any substantial evidence is no longer available
temporary emergency jurisdiction
if the child is in danger and needs immediate protection
enforceability of marital agreements
- voluntary
- disclosure of finances
- fair and reasonable
- written and signed
voluntariness in pre- or marital agreements
consider time pressure, availability of independent counsel
insistence on agreement as condition to marriage is not duress
UPAA invalidity of pre-marital agreements
- involuntary OR
- unconscionable and lack of full disclosure
