family law Flashcards
What must be shown to establish a common law marriage?
**Capacity **to enter into a marital contract, a **present agreement **to be married, cohabitation, and **holding out **a marital relationship (mnemonic=CACH).
How is the recognition of marriage determined across states?
A marriage valid under the law of the place it was contracted is valid elsewhere unless it violates a strong public policy.
full faith and credit as long as had jurisdiction
What is the status of a bigamous marriage?
A bigamous marriage is void from the beginning.
“void” means something is null and of no legal effect, meaning it’s trea
What are the two marriage-saving doctrines for a bigamous marriage?
- Presumption that the most recent marriage is valid
- Removal of the impediment (e.g., divorce) will render a subsequent marriage valid.
What is the general approach to divorce in most states?
Virtually all states are no-fault divorce states.
What is the primary consideration when determining child custody and support?
The best interest of the child.
What factors are considered in custody determinations?
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- Wishes of the child’s parents
- Child’s primary caretaker
- Mental and physical health of all individuals
- Interrelationship of the child and parents
- Stability
- Domestic violence.
WI
Under what condition can custody be modified?
There must be a substantial change in circumstances that was** unforeseen **at the time of the initial judgment.
What do child support guidelines establish?
Numerical guidelines with a **rebuttable presumption **that the award resulting from applying the guidelines is correct.
What must be shown to obtain a modification of child support?
A **substantial change in circumstances **making the prior order unreasonable.
What generally happens if a parent seeks to relocate?
A move sought in** good faith **serving the child’s **best interest **will typically be approved.
What rights do fit parents have regarding medical decisions for their children?
Decisions by a fit parent must be given deference, including medical care decisions.
When does a biological father generally have rights?
Biological fathers have rights unless the state requires them to exercise those rights within a specific time.
What must an involved parent demonstrate to oppose an adoption petition?
A full commitment to the responsibilities of parenthood.
What must a third party prove to obtain custody over a biological parent?
The parent is unfit or granting custody to the parent would be highly detrimental to the child.
How is marital property typically divided in divorce proceedings?
Marital property is divided, while separate property remains with the owning spouse.
What constitutes separate property?
- Property acquired before marriage
- An inheritance
- A gift to one party.
What is required for a court to enforce a premarital agreement?
It must be voluntarily made, substantively fair, and involve full disclosure of assets.
What factors does a court consider when granting alimony?
- Parties’ financial resources and needs
- Marital contributions
- Marital duration.
When can alimony awards be modified?
If there is a substantial change in circumstances making the prior award unreasonable.
What is the jurisdictional requirement for a court to issue a binding property division order?
The court must have jurisdiction over the defendant spouse.
What governs child support across states?
The Uniform Interstate Family Support Act (UIFSA).
What is the home state test in child custody jurisdiction?
The home state has exclusive jurisdiction if the child has lived there for at least six consecutive months before the proceeding.
What is the significant connections test in child custody jurisdiction?
A state may exercise jurisdiction based on significant connections with the child and at least one parent.
What is emergency jurisdiction in child custody cases?
Applies if no other state has or exercises jurisdiction.
