Family Law Flashcards
What are the requirements for a valid marriage?
License and ceremony performed by an authorized officiant, both parties must be of legal age and have mental capacity to consent, no prohibited relationships, no prior existing marriage.
What is a common law marriage?
Requires mutual agreement to be married, cohabitation, holding out to the public as married.
Define void marriage.
Never legally valid (e.g., bigamy, incest).
Define voidable marriage.
Valid unless challenged (e.g., fraud, duress, incapacity).
What are the grounds for no-fault divorce?
Marriage is irretrievably broken due to irreconcilable differences.
Name some grounds for fault-based divorce.
Adultery, cruelty, desertion, substance abuse.
What is legal separation?
Spouses remain legally married but live separately; allows for division of property and support orders without divorce.
What is equitable distribution in property division?
Marital property is divided fairly, but not necessarily equally, based on factors like duration of the marriage, each spouse’s contributions, future earning potential, custody of children.
What is community property?
All marital property is split 50/50.
Define marital property.
Acquired during the marriage, subject to division.
Define separate property.
Acquired before the marriage, through gift, inheritance, or personal injury award, and remains with the spouse.
What is commingling in property division?
Separate property can become marital if mixed with marital assets.
List the types of alimony.
- Permanent
- Rehabilitative
- Reimbursement
- Lump-Sum
What factors do courts consider for alimony?
- Length of marriage
- Financial needs and ability to pay
- Standard of living
- Age & health of parties
- Contributions to the marriage
Under what circumstances can alimony be modified?
If there is a substantial change in circumstances.
When does alimony terminate?
Upon death or remarriage of the recipient spouse.
What standard do courts use for child custody decisions?
Best Interests of the Child Standard.
What are the types of custody?
- Legal Custody
- Physical Custody
- Sole Custody
- Joint Custody
What is the parental duty to support?
Both parents are required to support their child until age 18 (or longer if the child has disabilities).
What factors are considered in the calculation of child support?
- Parent’s income
- Number of children
- Child’s needs
- Custody arrangement
What is the presumption of paternity?
A man is presumed to be the father if the child is born during marriage or he acknowledges paternity.
What are the consent requirements for adoption?
- Biological parents (unless rights are terminated)
- Adoptee (if of sufficient age, usually 12-14)
What grounds are needed for termination of parental rights?
- Abandonment
- Neglect
- Abuse
- Unfitness
What is an agency adoption?
Through a licensed adoption agency.
What is a private adoption?
Direct agreement between biological and adoptive parents.
What is a stepparent adoption?
Requires termination of one biological parent’s rights.
What can protective orders prohibit?
Contact from an abuser.
List the grounds for protective orders.
- Physical harm or threats
- Stalking or harassment
- Sexual abuse
What are the validity requirements for prenuptial agreements?
- Voluntary (no fraud, duress, or coercion)
- Full financial disclosure
- Fair and reasonable terms at the time of execution
What can be included in a prenuptial agreement?
- Property division
- Alimony
- Debt allocation
What cannot be regulated in a prenuptial agreement?
Child custody or child support (against public policy).
What does UPAA stand for?
Uniform Premarital Agreement Act
What does UMDA stand for?
Uniform Marriage and Divorce Act
What does UCCJEA stand for?
Uniform Child Custody Jurisdiction and Enforcement Act
What does PKPA stand for?
Parental Kidnapping Prevention Act
What does UIFSA stand for?
Uniform Interstate Family Support Act
What does VAWA stand for?
Violence Against Women Act
What does ICWA stand for?
Indian Child Welfare Act
What does ICPC stand for?
Interstate Compact on the Placement of Children
What does UPA stand for?
Uniform Parentage Act
