Family Law

Question 1

Information that must be on Petition for Dissolution or legal Separation

Answer 1

1. the residency of each party and length of residence in the state and county
2. the date of marriage
3. the date the parties separated
4. name, age, and address of any minor child (or incapacitated child)
5. whether wife is pregnant
6. grounds for dissolution or separation (generally, “irretrievable breakdown or marriage”, and “current situation makes it intolerable for parties to live together, but marriage should be maintained”)
7. the relief sought, including, if desired the wife’s request for restoration of a former name.

Question 2

Spousal Maintenance (when granted)

Answer 2

1) spouse is physically or mentally incapacitated, may award
2) child is physically or mentally incapacitated and other spouse needs to forego employment and lacks sufficient property to care for
3) rehabilitative maintenance (no more than 3 yrs) based on: a) both spouses education levels (at beginning and end of marriage), b) whether interruption of education or career of one spouse occurred as result of homemaking or childcare, c) earning capacity of each spouse, d) time and expense to acquire sufficient training or educate

Question 3

Requirement for Intangible assets and interests to be included in “marital pot”

Answer 3

must be vested and capable of valuation

Question 4

Factors rebutting presumption of equal distribution of marital pot

Answer 4

1) contribution of each spouse to the acquisition of the property
2) extent to which property was acquired by each before marriage or through inheritance or gifts
3) economic circumstances of each spouse at time of disposition
4) desirability of awarding family residence to one party (kids best interest)
5) conduct of the parties during the marriage relating to dissipation of property
6) earnings or earning capabilities of the parties

Question 5

Physical Custody (“best interest of child”) factors

Answer 5

all relevant factors not limited to:

a) age and sex of child
b) wishes of the child’s parents
c) wishes of child (more consideration if child is 14 or older)
d) interaction and interrelationship of child w/ parents, siblings, and any other significant person affecting best interest
e) child’s adjustment to home, school, and community
f) mental and physical health of all individuals involved
g) evidence of a pattern of domestic violence by either parent
h) evidence child has been cared for by a de facto custodian (if so, other factors too)

Question 6

Factors for awarding joint or sole legal custody (major decision making - education, health, religion)

Answer 6

a) fitness and suitability of each of the parents
b) whether parents are willing and able to communicate and cooperate to advance child’s welfare
c) wishes of child (more weight if 14 or older)
d) whether child has close and beneficial relationship with both parents
e) whether parents live in close proximity to each other and plan to continue to do so
f) nature of emotional and physical environment in home of each parent

Question 7

modification of child custody?

Answer 7

allowed only if 1) in best interests of child, and 2) there is a substantial change in one or more of the factors since custody was last determined

Question 8

Factors for child support award

Answer 8

1. Financial resources of custodial parent
2. Standard of living child would have enjoyed if parents lived together
3. Physical or mental condition of the child and the child’s educational needs
4. The financial resources and needs of non-custodial parent