Family Law

Question 1

Premarital Agreement

Answer 1

(1) Writing
(2) full financial disclosure
(3) entered into voluntarily
(4) fair and reasonable
Defenses: unconscionable or involuntary

Question 2

Annulments

Answer 2

VOID - aren’t married, but annulment optional (bigamy and incest)
VOIDABLE - waivable - underage, incapacity, impotence, voluntary, fraud that goes to the heart of the marriage

Question 3

Grounds for Divorce

Answer 3

No Fault - irretrievably broken (6 month mutual agreement separation or 2 years of unilateral)
Fault Based - Adultery, desertion, cruelty, felony conviction, infect spouse w/ STD
Defenses - condonation, trickery, unclean hands

Question 4

Legal Separation

Answer 4

Court order - okay to live apart, but marriage still intact

Question 5

Divorce/Separation Procedure

Answer 5

State has SMJ if one spouse domiciled and 90 days prior to divorce (economic remedies require PJ)

Question 6

Separate Property

Answer 6

owned prior to marriage; gift or inheritance during marriage in sole name of spouse; all appreciation in separate property (unless contribution of funds to improve during marriage)

Question 7

Marital Property

Answer 7

All acquired during marriage or items that were separate before, but marital funds during marriage used to improve (i.e. mortgage on a house)

Question 8

Asset Distribution Factors

Answer 8

PURELY DISCRETIONARY: age and health; earnings (capacity/potential); custodial spouse; duration of the marriage; whatever the court deems just

Question 9

Periodic Alimony

Answer 9

paid regularly for life; modifiable if substantial change; terminates on death of either spouse or remarriage (IL terminates at cohabitation)

Question 10

Lump Sum

Answer 10

appropriate if periodic deemed illusory - non modifiable and survives death

Question 11

Rehabilitative

Answer 11

paid regularly for limited time; modifiable; terminates on death or remarriage (used to become self-supportive)

Question 12

Reimbursement

Answer 12

payable all at once or in a series of payments; non-modifiable; survives death

Question 13

Child Support

Answer 13

Paid until 18 (or 19 if still in high school) - can be extended through college
Terminates on death of child or parent (IL CHARGE AGAINST ESTATE)
Can be modified

Question 14

Child Custody

Answer 14

Best Interest of Child (BIC) - wishes of child (if over 14); physical, mental and emotional health; domestic violence; occupation of parents
Joint Custody - cooperative parents; geographic;
Sole Custody - always visitation rights; favors biological

Question 15

Jurisdiction for Child Custody

Answer 15

Home state - where child lives, or lived w/in 6 months

Question 16

Adoption

Answer 16

Terminates parental rights
Voluntary - put kid up for adoption
Involuntary - abuse, neglect, abandonment
Hearing to finalize under BIC

Question 17

Ceremonial Marriage

Answer 17

(1) License and capacity

(2) Ceremony w/ official, witness and exchange vows

Question 18

Common Law Marriage (minority of states)

Answer 18

(1) Consent of people with capacity
(2) cohabitation
(3) hold out publicly living together
* *If formed under one state, valid in states that don’t recognize C/L marriage