Family Law Flashcards

1
Q

marriage limitations

A

18 + no incest + no bigamy + no fraud or duress

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2
Q

marriage requirements

A

consent + license + ceremony

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3
Q

common law marriage

A

capacity + agmt + cohabitation + holding out

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4
Q

premarital Ks

A

written + voluntary + full discl of assets

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5
Q

no fault divorce

A

irretrievably broken down for stat period

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6
Q

fault divorce

A

adultery or abandonment or conviction or abuse

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7
Q

marital property

A

acq during marriage (except gifts)

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8
Q

separate property

A

acq before marriage or gifts

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9
Q

equit distribution

A

need + contribution + length of marriage

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10
Q

spousal support

A

MMDA: lack of property + unable to get job

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11
Q

spousal support modification

A

can change based on circumstances

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12
Q

child support

A

parents have absolute duty

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13
Q

child support modification

A

can change based on circumstances

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14
Q

child custody standards (FLIP DADS)

A

financial stability of both
lifestyle of parents
initial custody
primary caregiver
desire of child
avail of parents
DV
siblings

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15
Q

visitation

A

allowed unl unfit parent

grandparents too

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16
Q

joint custody

A

granted unl extr hostile parents

17
Q

moving child

A

favors child staying with relocating parent if BIC

18
Q

mediation

A

unbiased + nonbinding + recog abuse

19
Q

unmarried parents

A

must still support child

20
Q

legal disabilities of child

A

state can intervene for nec med care

21
Q

religious affiliation

A

not defense to life or death care

22
Q

intr-family immunity

A

spouses can sue each other

23
Q

right to control upbringing

A

parents can raise kids how they want

24
Q

artificial insemination

A

when done with husband consent = father

25
Q

surrogacy

A

some states allow it