Family Law

Question 1

requirements for a marriage license

Answer 1

• waiting period
• of age
• marriage
• sometimes, medical testing

Question 2

requirements of a common-law marriage

Answer 2

• cohabitation
• capacity
• conduct (hold themselves out to be married)
• consent

Question 3

termination of a valid marriage

Answer 3

• death
• annulment
• divorce

Question 4

grounds for void marriages

Answer 4

• bigamy
• incest
• incapacity

Question 5

grounds for voidable marriages

Answer 5

• intoxication
• fraud
• age
• impotence
• lack of intent

Question 6

grounds for fault divorce

Answer 6

• adultery
• cruelty
• desertion
• habitual drunkenness
• bigamy
• institutionalization
• imprisonment
• indignity

Question 7

marital property

Answer 7

property acquired during marriage except by gift, devise, inheritance, or descent

Question 8

modification of property award

Answer 8

not allowed

Question 9

spousal support

Answer 9

obligation of one party to pay income to the other who can’t provide for his own needs

Question 10

factors for spousal support

Answer 10

• 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

Question 11

modification of spousal support

Answer 11

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

Question 12

permanent alimony

Answer 12

awarded for the rest of the dependent’s life; usually only if the marriage was long (>15 years)

Question 13

limited-duration alimony

Answer 13

awarded for a set period if economic need but marriage was short

Question 14

rehabilitative alimony

Answer 14

awarded for the period of time while the spouse receives an education or training to improve earning capacity

Question 15

reimbursement alimony

Answer 15

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

Question 16

child support

Answer 16

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

Question 17

modification of child support

Answer 17

substantial and continuing change in circumstances regarding child’s needs or parents’ finances

Question 18

state’s jurisdiction to modify child support order

Answer 18

if not issuing state, no jurisdiction unless none of the parties live there or the parties expressly permit the state’s jdx

Question 19

child custody determination

Answer 19

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

Question 20

modification of child custody

Answer 20

substantial and unforeseen change in circumstances; relocation requires legitimate and reasonable purpose

Question 21

UIFSA

Answer 21

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

Question 22

UCCJEA

Answer 22

for child custody and visitation issues, court has SMJ if one of three kinds of jurisdiction:
- home state jurisdiction
- significant connections jurisdiction
- default jurisdiction

Question 23

home-state jurisdiction

Answer 23

• is the home state
• OR was the home state in the past six months, and child is absent, but a parent still lives there

Question 24

home state

Answer 24

state where child has lived with parent for six consecutive months prior to proceeding or, if under six months old, then since birth

Question 25

significant connections jurisdiction

Answer 25

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

Question 26

default jurisdiction

Answer 26

when no state has either home-state or significant-connections jurisdiction:
any state that has appropriate connections to the child

Question 27

exclusive continuing jurisdiction

Answer 27

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

Question 28

temporary emergency jurisdiction

Answer 28

if the child is in danger and needs immediate protection

Question 29

enforceability of marital agreements

Answer 29

• voluntary
• disclosure of finances
• fair and reasonable
• written and signed

Question 30

voluntariness in pre- or marital agreements

Answer 30

consider time pressure, availability of independent counsel
insistence on agreement as condition to marriage is not duress

Question 31

UPAA invalidity of pre-marital agreements

Answer 31

• involuntary OR
• unconscionable and lack of full disclosure