Family Law

Question 1

Jurisdiction (Family Law):

Answer 1

The Circuit Court has jurisdiction in all family law matters, except that it shares jurisdiction with District court for protective order and ONLY the district court does peace orders. No juries.

Question 2

Family Law Subjects:

Answer 2

Marriage, Annulment, Divorce, Property, Alimony, Child Custody and Support, Prenups, Domestic Violence.

Question 3

Age to Marry:

Answer 3

18 years. 16-7 with consent or pregnant, 15 if consent and pregnant.

Question 4

Marriage Requirement

Answer 4

License, Ceremony, Correct Age, no Bigamy or Consanguinity

Question 5

Breach of Contract for Marriage

Answer 5

A person may not sue another for breaching a marriage proposal unless the plaintiff is pregnant by that person.

Question 6

Common Law Marriage:

Answer 6

Maryland will recognize common law marriage from another jurisdiction if: parties intended the marriage via agreement, held themselves out as married, and continuously cohabit.

Question 7

Grounds Making Marriage Void

Answer 7

Consanguinity and Bigamy.

Question 8

Grounds to Making Marriage Voidable:

Answer 8

No License or Ceremony, Under Age, Insanity, Intoxication, Duress, Fraud.

Question 9

ANNULMENT:

Answer 9

The Legal Determination that a Marriage never existed, because of bigamy, consanguinity, failure to have license, failure to have ceremony, under age, insane, intoxicated, duress of fraud.

Question 10

Limited Divorce:

Answer 10

A non-required Court governed separation that allows aggrieved spouse to live separate and apart and permit pendente lite alimony, custody, use and possession, etc…but does not permit remarriage. Grounds exist at time of filing and are Voluntary Separation, Cruelty of Treatment, Excessively Vicious Conduct, Desertion/Constructive Desertion. Can file immediately

Question 11

Absolute Divorce:

Answer 11

A permanent divorce, which allow remarriage, that may be governed by a separation agreement. Grounds for divorce must exist at time of filing.

Question 12

Absolute Divorce Grounds

Answer 12

“Seems Almost Every Divorce Involves Interesting Conduct.” Separation, Adultery, Excessively Vicious Conduct, Desertion/Constructive, Incarceration, Insanity, Cruelty.

Question 13

Excessively Vicious Conduct or Cruelty

Answer 13

Two grounds for divorce that mean practically the same thing. Spouses conduct toward other spouse or minor child endangers safety or mental health making the marriage impossible to maintain with no reasonable expectation of reconciliation. Immediate Filing. Could be a ground for constructive desertion.

Question 14

Adultery:

Answer 14

Sex between married spouse and non-spouse proved by evidence of opportunity and inclination. Immediate filing.

Question 15

Actual Desertion:

Answer 15

Unjustified, uninterrupted separation of one spouse from another for 12 months with the intent to end the marriage and no hope of reconciliation.

Question 16

Constructive Desertion:

Answer 16

Complaining spouse (plaintiff) physically leaves other for one year, having been driven from marriage by spouse who made continued cohabitation impossible because it jeopardized her health, safety, or self-respect…

Question 17

Insanity:

Answer 17

A cause for divorce only if the insane spouse is confined in an institution for an incurable mental illness at least 3 years before filing for divorce and at least one party is MD resident for two years.

Question 18

Separation:

Answer 18

No fault divorce. Couple must live separate and apart without cohabitation for one year before filing for divorce. Sex restarts clock. Need not be a consensual separation.

Question 19

Incarceration:

Answer 19

Defendant spouse has been sentenced to at least three years and has served at least twelve months.

Question 20

Defenses to Divorce:

Answer 20

Condonation, Recrimination, Collusion, Provocation.

Question 21

Condonation:

Answer 21

If a spouse is forgiven for a marital offense, the offense cannot be grounds for divorce.

Question 22

Recrimination

Answer 22

An assertion by the offending spouse that the aggrieved spouse is also guilty of the offending conduct, usually adultery, thus nullifying the grounds for divorce.

Question 23

Collusion

Answer 23

A conspiracy by spouses to defraud the court by the misrepresentation that grounds for divorce exist.

Question 24

Provocation:

Answer 24

Charge that one spouse incited the other to commit a marital offense.

Question 25

Who can get Divorce in MD?

Answer 25

A person can get divorced in MD if the grounds for divorced occurred in MD, if 1 party is domiciled in MD -OR- if the grounds occur outside MD, if 1 party has lived in MD for a year.

Question 26

Venue:

Answer 26

A plaintiff may file a complaint for divorce in the county where the defendant resides, is regularly employed, or has a place of business -OR- where Plaintiff resides. i.e. normal venue rules + where plaintiff resides.

Question 27

Corroboration Required:

Answer 27

Each element of a grounds for divorce must be corroborated oral testimony of a competent witness with personal knowledge.

Question 28

MD PROPERTY DISPOSITION:

Answer 28

Equitable distribution of marital property, considering both monetary and non-monetary contributions to the family made by the respective spouses.

Question 29

Marital Property Defined:

Answer 29

Marital property includes all property, however titled, acquired during the marriage and any property traceable thereto. Property accumulates up to the time of divorce, not separation, but does not include gifts/inheritance or property excluded by agreement. Property owned TBE is ALWAYS marital, regardless of when it was acquired.

Question 30

Power of the Court with Respect to Property:

Answer 30

Court can award money to compensate party for interest in marital property, transferred title of property of 1)family home, 2)family use property, 3) pensions, -AND- award Used and Possession.

Question 31

3 Steps of Property Distribution:

Answer 31

Classification, Valuation at date of divorce, Distribution. (all mandatory).

Question 32

Classification of Property:

Answer 32

Classify whether property is marital or non-marital and explain why

Question 33

Source of Funds:

Answer 33

If parties dispute whether property is martial, the court will trace the property to the “source of funds” for its acquisition, to determine if non-martial money was used to acquire it. If traced to source is partial marital/non-marital, court will divided pro rata, unless too commingled to be accurately traced in which case it will all be marital.

Question 34

Valuation (Fam Law):

Answer 34

Property is valued at date of divorce, except for retirement benefits, which are valued based on if and when the pensioner is to receive the benefits, appreciation, and the source of funds contributed.

Question 35

Distribution Factors:

Answer 35

Court can consider an factors to split property evenly. Major factors are 1) Contribution of each family to well being of the family, 2) Economic circumstances of each party, 3) How/When Property was acquired, 4) whether alimony or use and possession was awarded

Question 36

USE AND POSSESSION:

Answer 36

The court, in an action for annulment, absolute or limited divorce, may award use and possession of the primary family home and family use personal property to the custodial parent of a child, a not stepchild, for up to three years. The purpose of ordering Use and Possession is to keep the family together and stable.

Question 37

ALIMONY:

Answer 37

A court ordered money award to provide economic support to a party that’s needs the money to become rehabilitated i.e….to enable sufficient support to educate and train the economically dependent spouse to become self-supporting. There is Alimony Pendeente Lite, Permanent Alimony, and Rehabilitative Alimony.

Question 38

PERMANENT ALIMONY:

Answer 38

May be awarded if the court finds that the party cannot become self supporting or if there will be an unconscionable disparity in the standard of living of the parties, even if one becomes self-supporting.

Question 39

REHABILITATIVE ALIMONY:

Answer 39

The purpose for Alimony is presumed to be rehab, which is a monetary award for a specific period of time to allow an economically dependent spouse to develop income producing skills and become self-supporting. A “self-supporting” spouse is not entitled to rehabilitation alimony

Question 40

Termination of Alimony:

Answer 40

Unless the parties agree otherwise, alimony terminates of date specified, death of either party, marriage of recipient, or if necessary to avoid a harsh and inequitable result. Cohabitation does not automatically terminate a support obligation….

Question 41

Types of Custody:

Answer 41

Physical, Legal, Sole, Joint. Legal custody just means the ability to make “important” decisions regarding the child. Cannot give joint custody unless court sees that parent’s are mature enough to operate together constructively.

Question 42

Custody Standard:

Answer 42

BEST INTEREST OF THE CHILD.

Question 43

Third Party Custody and Visitation:

Answer 43

A third party may not be awarded custody unless they prove it is in the best interest of the child AND that there are “exceptional circumstance” or the parents are “unfit.”

Question 44

Modification of Custody:

Answer 44

Despite agreement by parties, the court ALWAYS has ability to modify custody of children. Modification is proper if there is a material change in circumstances which could adversely impact the child. Further, A child 16 or older may petition to modify custody

Question 45

Custody Jurisdiction:

Answer 45

UCCJEA holds that court decrees are extended full faith and credit by other jurisdictions.

Question 46

Visitation:

Answer 46

A Non-custodial parent MUST be provided reasonable visitation dependent on the circumstance, unless the court has reasonable grounds to believe that a child has been abused or neglected and that such abuse is likely to continue.

Question 47

CHILD SUPPORT:

Answer 47

Child support is an amount of money to be paid by the non-custodial parent to the custodial parent for the maintenance of a biological or adopted child who is a minor or is a dependent handicapped adult. The amount MUST be based on established guidelines. Further, a show of paternity is required to order support, by testing or oral/written/conduct admission.

Question 48

Termination of Child Support:

Answer 48

Child is 18 (19 if still in high school), becomes married/self-supporting, or the payer dies.

Question 49

Voluntary Impoverishment:

Answer 49

A parent who deliberately chooses not to work or to lose his income will have an obligation based upon potential income.

Question 50

Enforcement of Child Support Order:

Answer 50

Major waysare Lein, Garnishment, Civil Contempt Action, or even a Criminal Non-Support Action IF proven that payor is cable of payment.

Question 51

MARITAL SETTLEMENT AGREEMENTS:

Answer 51

Agreements relating to alimony, child support, child custody, and property disposition are enforceable, unless violate public policy. Agreements related to kids are changable by court, but not other types of agreements.

Question 52

FORMATION OF MARITAL AGREEMENT

Answer 52

Must satisfy statement of fraud and standard contract principals. Court will set aside agreements that Breach of a fiduciary relationship between spouses, are Unconscionable, entered under Duress or Fraud.

Question 53

Approved, Incorporated and Merged Agreements:

Answer 53

If agreement approved by parties it is automatically incorporated into the divorce decree, allowing enforcement via contempt power as an independent contract. If the court orders a merger of an agreement into the divorce decree it is only enforceable via contempt power. If an agreement has been merged, approved or incorporated, the validity of the agreement is res judicata.

Question 54

PRENUPTIAL AGREEMENTS:

Answer 54

An agreement before marriage, which sets forth the parties’ rights with respect to property, in the event of the termination of the marriage by death or divorce. May not enforce if 1)not fairly procured, 2) parties failed to disclose assets, 3) no independent legal advice, 4) violates policy, or 5) was otherwise not freely entered into with full knowledge of its meaning and effect.

Question 55

Persons Eligible For Relief Domestic Violence:

Answer 55

Household members, 90-day sexual cohabitants, and certain relatives may seek civil protective order against abuser, to present threats of serious bodily harm, assault, false imprisonment, stalking and sexual assault against.

Question 56

4 Types of Protective Orders:

Answer 56

Interim (48 hours when courts closed), Temporary (7 days-6months, prior to hearing), Final (up 1 year, after hearing), Permanent (previous final order & abused in jail for 5 years for attempted murder, 1st degree assault or 1st or 2nd degree rape or sex offenses.

Question 57

PEACE ORDERS:

Answer 57

Similar to Domestic Violence Protection Order, but focused on stopping dating violence, stalking, harassment for up to 6 months. Only district court has jurisdiction. If can a protective order, cannot get a peace order.