Family Law Flashcards
Areas of Family Law
Marriage
Divorce/Annulment and Finances
Children
Limits on Ability to marry
Must be 18; younger if consent
Not too closely related
Have capacity
No prior undissolved
Marriage Procedural Requirements
Most require license prior to solemnization
Common Law Marriages
Requires consent of both parties, cohabitation, and holding out publicly as husband and wife
Abolished in most but if validly formed will be recognized
Premarital Contracts
Marriage is sufficient consideration
Child custody agreements non-binding
Must be entered voluntarily, in writing and signed by party to be charged, both parties make full and fair disclosure of finances; and economic provisions are fair and reasonable
NOTE: Independent counsel raises presumption of fairness
Aspects to Marriage Relationship
Property; Privacy; Tortious Interference with Marital Relationship
Marital Property
Marital Property–most property acquired during marriage
Tenancy by Entirety is common method of spousal ownership in real estate
Marital Privacy Right
Fundamental Right makes government regulation invalid unless necessary to compelling governmental interest
Includes: Right to Marry; Procreate; Use or Sell Contraceptive; Abortion (within limits); Right of related people to live together; Educate Children; and Decide Issues of Child Raising
Tortious Interference with Marital Relationship
Alienation of Affairs–abolished in most states
Criminal Conversation–abolished in most states
Loss of Consortium–attached to personal injury claims pretty often; this is how a single person would plead it http://cdn.memegenerator.net/instances/400x/20008080.jpg
Grounds to Terminate Marriage
Annulment–invalid due to impediment at time of marriage
Divorce and Separation–Know the grounds and defenses
Annulment
Treat as if there was never a marriage
Ask Void or Voidable?
If void–complete nullity, i.e. no ratification
If voidable–deemed valid but one spouse may have marriage declared invalid
Grounds for Annulment
Bigamy/Polygamy–MORMONS!!!! got another beau
Consanguinity–void because married cousin (gross Texas, fucking gross)
Nonage–voidable
Incurable Physical Impotence–Hugh Hefner(?); inability of normal sexual relations
Lack of Capacity
Defenses to Annulment
Look to see if voidable with a ratification, otherwise state impediment did not exist
Effect of Annulment
Put spouses back in their pre-marriage positions
No spousal support
Divorce Ground
AR does not have a no fault Adultery 18 Months Separation Conviction of Felony Habitual Drunkenness Cruelty which endangers life General Indignities
General Indignities Language (2)
“Unmerited reproach, rudeness, contempt, steady neglect, and open insult, habitually and systematically pursued to extent of rendering married life intolerable”
“Manifest settled hate, alienation, and estrangement, which is constantly and systematically pursued with the purpose and effect of causing an enduring alienation and estrangement which renders the condition of spouse intolerable”