Family Law

Question 1

Marriage Requirements

Answer 1

(1) consent from both parties (2) marriage license (3) ceremony w/ an officiant

Question 2

common law marriage requirement

Answer 2

(1) cohabitate for specified amount of time (2) legally able to marry (3) present agreement between parties to be married (4) hold each other out to be married

Question 3

Premarital agreement content

Answer 3

child custody/support; spousal support; marital duties & financial responsibility allocation

Question 4

Premarital agreements

Answer 4

enforceable unless entered by fraud, duress, or coercion ; must be made in writing and signed by both parties

Question 5

factors that show unconscionability of premarital agreement

Answer 5

lack of independent counsel; time between agreement and wedding; lack of disclosure of finances

Question 6

Divorce jurisdiction

Answer 6

only required to have jurisdiction over the plaintiff spouse for divorce proceedings

Question 7

economic or child support jurisdiction

Answer 7

state has to have jurisdiction over both parties to make any holding binding

Question 8

grounds for divorce

Answer 8

(1) cruel and inhumane treatment (2) adultery (3) abandonment (4) alcoholism/drug addiction (5) insanity

Question 9

no fault divorce

Answer 9

showing of irreconcilable differences or incompatibility

Question 10

UCCJEA

Answer 10

(1) home state jurisdiction (2) significant connection jurisdiction (3) more appropriate forum (4) emergency jurisdiction (5) no other has jurisdiction

Question 11

UCCJEA home state jurisdiction

Answer 11

(1) child’s home state OR (2) child lived w/ parent for 6 months immediately before action was filed, child is absent from state, and parent is present in state

Question 12

UCCJEA significant connection jurisdiction

Answer 12

(1) no home state (2) child and at least one parent has significant relationship w/ state (3) substantial evidence exists in state