Family Law

Question 1

What are the requirements to make a marriage valid?

Answer 1

(CALF SAW) Consanguinity, Already Married Prohibition, License, Filed Certificate, Solemnization, Age of Majority, Witnesses

Question 2

What are the requirements for a valid domestic partnership?

Answer 2

(SURE) Same household, Unmarried to another person, Registered in the state, Eighteen or older

Question 3

What are the grounds for declaring a marriage invalid?

Answer 3

(DAFT LUV - any one will do)) Duress, Already Married, Fraud, Too Closely Related (Consanguinity), Lacked Capacity, Underage, Void Out of State Marriage

Question 4

How will the court distribute/maintain property after a marriage dissolves?

Answer 4

(1) Identify all property: is it separate or marital? (2) value the property, and (3) justly/equitably divide/distribute the property (“just and equitable” are the magic words!)

Question 5

What is marital/community property?

Answer 5

All property that is accumulated throughout the term of the marriage (real, personal, income, earnings, goodwill, etc.)

Question 6

For assessing marital/community property, how is the “term of the marriage” measured?

Answer 6

Most states measure it by the date of separation - ends the term of the marriage. A few say it is when the divorce is finalized.

Question 7

What factors should a court consider in forming a “just and equitable” distribution of property when a marriage is being dissolved?

Answer 7

(DEP) Duration of Marriage (5 years or less is short term, try to return them to position upon entering), Economic Circumstances, Property Amount

Question 8

What factors need to be present for a pre-nuptial agreement to be valid?

Answer 8

(FOG): Full disclosure of material facts, Opportunity for both parties to seek independent counsel, Good faith w/o fraud or coercion

Question 9

What factors will a court consider in assessing spousal maintenance (Aka alimony) awards?

Answer 9

The party seeking maintenance - need v. ability to earn money, education level, standard of living, and length of the marriage. The court has a high amount of deference in assessing this award.

Question 10

What are the magic words any time you are discussing child custody or responsibilities of parents?

Answer 10

“Child’s best interest”

Question 11

What are some of the factors to be analyzed in creating a parenting plan?

Answer 11

Primary Residential Placement, Residential Schedule, Decision Making, Dispute Resolution, Child’s Input (depends on his/her age/maturity level), Restrictions on Contact with Children – may be imposed, Negative Parent Characteristics

Question 12

What must be shown for a parenting plan to be modified?

Answer 12

A “substantial change in circumstances.”

Question 13

How can paternity be presumed under the UPA?

Answer 13

If kiddo is born during marriage, if kiddo is born within 300 days of a marriage dissolving, or if man marries the kiddo’s mom and he agrees to be the dad/signs a paper acknowledging paternity.

Question 14

Under what circumstances would the UPA’s 2 year time limit to seek a declaration of non-paternity be set aside?

Answer 14

If man and mom never cohabitated or never had sex during probable time of conception or dude never treated the kid as his own

Question 15

What are the consequences of a legal separation from marriage?

Answer 15

Parties are still technically married - to reconcile they need only dismiss the suit. However, the date of PHYSICAL separation is important for determining the “term of marriage” when property is later divided.

Question 16

If a formerly-married couple has their marriage declared invalid, what is the next step?

Answer 16

This is the legal version of annulment - the marriage is void and a decree of dissolution (divorce) is the next step.

Question 17

What is the minima waiting period for dissolving a marriage?

Answer 17

30-90 days, depending on the jurisdiction

Question 18

In forming a parenting plan, why would a parent’s overall involvement be limited? HARA

Answer 18

History of domestic abuse, drug use, violence, Abuse, Refusal to perform parental functions, Abandonment of kiddos

Question 19

What are the main factors in assessing how child support should be determined?

Answer 19

SODA THIEF:

a. Standard calculation
b. Other expenses – day care, lessons, future costs
c. Deviations
d. Adjustments/modifications
e. Transportation
f. Health care
g. Insurance
h. Educational support
i. Federal tax exemptions can be divvied between parents

Question 20

What are the three main recipes to a presumption of paternity?

Answer 20

(1) Married to mom
(2) Kid born w/in 300 days of marriage to mom terminating
(3) Marries mom +
a. Acknowledges paternity OR
b. Dude is listed on birth certificate OR
c. Promises in writing to support the kid

Question 21

What is the difference between terminating parental rights and awarding sole custody to one parent?

Answer 21

Termination of parental rights is really harsh - would require a factor like abandonment, abuse, etc. Awarding sole custody is less harsh - means the parent can still visit, etc.

Question 22

How does the UCCJEA vest jurisdiction for child custody decisions?

Answer 22

The UCCJEA vests “exclusive [and] continuing jurisdiction” for child custody litigation in the courts of the child’s “home state,” which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months). If the child has not lived in any state for at least six months, then a court in a state that has (1) “significant connections” with the child and at least one parent and (2) “substantial evidence concerning the child’s care, protection, training, and personal relationships” may assume child-custody jurisdiction. If more than one state has “significant connections” and “substantial evidence…”, the courts of those states must communicate and determine which state has the most significant connections to the child.

Question 23

When might the exclusive jurisdiction given to the court who made the child-custody determination originally (under UCCJEA) be relaxed?

Answer 23

A court which has made a child-custody determination consistent with UCCJEA has exclusive, continuing jurisdiction over the determination until either (1) that court determines that neither the child, the child’s parents, nor any person acting as a parent has a significant connection with the State that made the original order and that substantial evidence is no longer available in the State concerning the child’s care, protection, training, and personal relationships, or (2) that court or a court of another State determines that the child, the child’s parents, and any person acting as a parent do not reside in the State that initially made the child custody order.